Opinion
A102199.
7-9-2003
THE PEOPLE, Plaintiff and Respondent, v. MARC PATRICK RADCLIFFE, Defendant and Appellant.
Marc Radcliffe appeals from his commitment to state prison following the revocation of his probation and a judgment of conviction entered upon a plea of guilty. Appellants court-appointed counsel has briefed no issues and asks this court to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071.
In Mendocino County Superior Court Case No. 02-50241, in October 2002, the court sentenced appellant to the aggravated term of six years in state prison for first degree burglary (Pen. Code, §§ 459, 460, subd. (a)). The court then stayed execution of sentence for a period of three years.
In December 2002, the probation department moved to revoke appellants probation based on the allegation that appellant left his court-ordered residential substance abuse rehabilitation program and absconded.
In January 2003, the prosecution filed a new complaint (Case No. 03-52954) charging appellant with first degree burglary (& sect;§ 459, 460, subd. (a)) and grand theft (§ 487, subd. (d)(2)).
The probation department then filed an amended motion to revoke appellants probation in case number 02-50241, which added the allegation that appellant had been arrested for new offenses.
In case number 03-52954, appellant pleaded guilty to first degree burglary (§§ 459, 460, subd. (a)) with the understanding that the remaining count (§ 487, subd. (d)(2)) would be dismissed. Appellant also admitted violating the probation previously granted him in case number 02-50241.
In case number 02-50241, the court permanently revoked appellants probation and imposed his previously stayed six-year commitment to state prison for first degree burglary (§§ 459, 460, subd. (a)). In case number 03-52954, the court sentenced appellant to a consecutive 16 months, or one-third the middle term, for first degree burglary (§§ 459, 460, subd. (a)). Thus, the aggregate term totaled seven years and four months. The court granted appellant 232days presentence credit in case number 02-50241 and ordered him to pay a $ 1,200 restitution fine. In case number 03-52954, the court ordered appellant to pay a $ 200 restitution fine.
Before appellant pleaded guilty and admitted violating his probation, the court advised him of the direct consequences of his plea and admission and the constitutional rights he would waive. Appellant expressly waived his constitutional rights and knowingly and voluntarily entered his plea and admitted a violation of probation.
Appellant was represented by counsel throughout the proceedings.
There was no sentencing error.
There are no issues that require further briefing.
The order permanently revoking appellants probation and the sentence imposed are affirmed.
We concur: Stevens, J., and Gemello, J. --------------- Notes: All statutory references are to the Penal Code.