Opinion
NOT TO BE PUBLISHED
Lake County Super. Ct. No. CR909041-A
Reardon, Acting P.J.
Appellant Mark McDonald Necochea pled guilty to possessing methamphetamine (count 1) (Health & Saf. Code, § 11377, subd. (a)) and possessing methadone (count 4) (Health & Saf. Code, § 11350, subd. (a)). On November 9, 2006, he was granted probation pursuant to Penal Code section 1210.1 (Prop. 36) on certain terms and conditions. On January 12, 2007, the probation department filed a motion to revoke probation, listing three violations. Appellant admitted all three violations: (1) that he failed to enroll in a required drug treatment program; (2) that he failed to file monthly reports with his probation officer as required; and (3) that he failed to appear to arrange his 180 hours of community service. The trial court found him in violation of probation.
Sentencing took place on June 14, 2007. Appellant’s motion to strike the strike which appellant had admitted was denied. He was sentenced on each count to the aggravated term of three years, doubled under the Three Strikes law, for a total of six years on each count. The sentences were ordered to run concurrently.
Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.
Appellant was represented throughout the proceedings by counsel. The record reflects that appellant’s plea and admission of the prior were valid. The trial court did not abuse its discretion in denying the motion to strike the prior, and the court properly relied on appellant’s prior convictions in imposing the aggravated term. (People v. Black (2007) 41 Cal.4th 799.)
Judgment affirmed.
We concur: Sepulveda, J., Rivera, J.