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People v. Morris

California Court of Appeals, Third District, San Joaquin
Mar 17, 2008
No. C054679 (Cal. Ct. App. Mar. 17, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. BRIAN DANIEL MORRIS, Defendant and Appellant. C054679 California Court of Appeal, Third District, San Joaquin March 17, 2008

NOT TO BE PUBLISHED

Super. Ct. No. LF008750A

RAYE , Acting P.J.

In case No. SF097900A, defendant Brian Daniel Morris pled guilty to a felony count of failing to register as a sex offender. (Pen. Code, § 290, subd. (f)(1).) He was granted five years of formal probation. In case No. LF008750A, defendant pled guilty to a misdemeanor count of inflicting corporal injury on a spouse. (Pen. Code, § 273.5.) He was granted three years of formal probation. Among the conditions of probation, the court required defendant to participate in a domestic violence treatment program and issued an order that defendant stay 100 yards away from the victim. On March 1, 2006, the court modified the order requiring defendant to stay away from the victim, making it a no contact order.

On October 18, 2006, the People filed an affidavit for order to show cause (OSC), alleging defendant had violated the terms of his probation in case No. LF008750A by contacting the victim. The OSC also alleged defendant had committed additional criminal offenses that were the subject of a pending prosecution.

On November 21, 2006, the probation department filed a violation of probation in case No. LF008750A, alleging defendant had failed to complete the domestic violence treatment program required by the court.

On December 12, 2006, defendant admitted he had violated probation by failing to complete his treatment program. In exchange for this admission, defendant agreed to be sentenced to 16 months on the felony count. Upon accepting defendant’s admission, the court denied probation in case No. SF097900A and sentenced defendant to the low term of 16 months. With respect to the misdemeanor, case No. LF008750A, defendant was reinstated on probation.

There was another misdemeanor case mentioned by the court, case No. SM253650A. Probation was granted on this case as well. There is no information about this case in the record we have on appeal. The new charges referenced by the OSC were dismissed in the interests of justice.

Defendant sought a certificate of probable cause on case No. LF008750A. In the certificate, defendant alleged his attorney did not act competently in that she did not research or investigate the matter. He specified he was sentenced to a term of 16 months. The certificate of probable cause was granted. A notice of appeal was filed in case No. LF008750A. The record before us is only on that case. There was no notice of appeal filed in case No. SF097900A, the case upon which defendant was sentenced to a term of 16 months. Because no notice of appeal was filed in that case, we do not have the record to review for any error.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: MORRISON , J. BUTZ , J.


Summaries of

People v. Morris

California Court of Appeals, Third District, San Joaquin
Mar 17, 2008
No. C054679 (Cal. Ct. App. Mar. 17, 2008)
Case details for

People v. Morris

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. BRIAN DANIEL MORRIS, Defendant…

Court:California Court of Appeals, Third District, San Joaquin

Date published: Mar 17, 2008

Citations

No. C054679 (Cal. Ct. App. Mar. 17, 2008)