Opinion
2d Crim. No. B285487
03-19-2018
THE PEOPLE, Plaintiff and Respondent, v. DAVID ALLEN MORRISON, Defendant and Appellant.
Jonathan B. Steiner, Executive Director, Richard B. Lennon, Staff Attorney for Defendant and Appellant. No appearance for Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5. (Super. Ct. No. 2016042992)
(Ventura County)
David Allen Morrison appeals an August 7, 2017 order revoking and terminating probation, and sentencing him to 16 months felony jail based on a 2016 conviction by plea to identity theft (Pen. Code, § 530.5, subd. (a)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and possession of Alprazolam (Health & Saf. Code, § 11375, subd. (b)(2)).
We appointed counsel to represent appellant in this appeal. After counsel's examination of the record, he filed an opening brief in which no issues were raised.
On January 26, 2018, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received from appellant.
The record reflects that appellant was convicted by plea in 2016 to identity theft (Pen. Code, § 530.5, subd. (a)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and possession of Alprazolam (Health & Saf. Code, § 11375, subd. (b)(2)). The trial court denied a Proposition 47 motion to reduce the identity theft conviction to a misdemeanor, suspended imposition of sentence, and granted 36 months probation with 180 days county jail. Appellant was ordered to pay various fines and fees. In April and May 2017, appellant admitted two probation violations and was ordered to serve additional jail time.
In August 2017, appellant admitted a new probation violation: failure to report to his probation officer and submit to drug testing. The trial court revoked and terminated probation, and sentenced appellant to 16 months felony jail with 308 days presentence credits. (Pen. Code, § 1170, subd. (h)(5)(A).)
We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40 Cal.4th 106, 126.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
YEGAN, Acting P. J. We concur:
PERREN, J.
TANGEMAN, J.
F. Dino Inumerable, Bruce A. Young, David R. Worley, Judges
Superior Court County of Ventura
Jonathan B. Steiner, Executive Director, Richard B. Lennon, Staff Attorney for Defendant and Appellant.
No appearance for Respondent.