Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Fresno County. W. Kent Hamlin, Judge. Super. Ct. No. F04600891-6
Athena Shudde, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Before Levy, Acting P.J., Dawson, J., and Kane, J.
In October 2004, after appellant Santiago Cardenas Morelos pled guilty to a single count of possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), the court suspended imposition of sentence for two years and placed appellant on formal probation, pursuant to the Substance Abuse and Crime Prevention Act of 2000 (Proposition 36) (Pen. Code, § 1201 et seq.).
Appellant’s probation was revoked in November 2004 and reinstated in July 2005.
In April 2006, the probation department filed a written recommendation that appellant’s probation be revoked on the grounds of failure to contact the probation officer as instructed and failure to enroll in an alcohol and drug abuse treatment program.
In February 2007, following several continuances, the court found appellant to be in violation of probation for violating the condition of probation that he obey all laws, and imposed a two-year prison term. The court ordered that term to run concurrently with a prison sentence of 21 years 4 months in a separate case in which appellant was convicted of multiple felonies he committed while on probation in the instant case.
Appellant’s appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, with citations to the record, raises no issues, and asks that this court independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant has not responded to this court’s invitation to submit additional briefing.
Following independent review of the record, we have concluded that no reasonably arguable legal or factual issues exist.
DISPOSITION
The judgment is affirmed.