Opinion
E053175
10-04-2011
THE PEOPLE, Plaintiff and Respondent, v. JOSE CARLOS RAYGOZA, Defendant and Appellant.
George W. Taylor, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for plaintiff and respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 8.1115.
(Super.Ct.No. FSB704879)
OPINION
APPEAL from the Superior Court of San Bernardino County. David Cohn, Judge. Affirmed.
George W. Taylor, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for plaintiff and respondent.
Defendant and appellant Jose Carlos Raygoza appeals from the revocation of his probation in case. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In a complaint filed December 4, 2007, defendant was charged with possession of concentrated cannabis in violation of Health and Safety Code section 11357, subdivision (a). Later, on January 18, 2008, the complaint was amended by interlineations to change count 1 to a violation of Health and Safety Code section 11350, subdivision (a), possession of a designated controlled substance.
Pursuant to a written plea agreement, defendant pled guilty on May 9, 2008, to count 1. The court then followed the plea agreement by granting defendant probation for a period of three years, subject to various terms and conditions.
A petition to revoke defendant's probation was executed on September 30, 2010, alleging several probation violations. According to the petition, defendant was involved in three traffic stops while on probation. On September 14, 2010, it was alleged defendant threw a hypodermic syringe from a vehicle. During a pat-down search, police found the cap to the syringe in defendant's pocket. The vehicle contained two small vinyl bladders with bleeder tubes and a container filled with urine. Defendant admitted to police he needed to pass a drug test. During the second traffic stop on September 17, 2010, police found another bladder bag and a bottle of urine in the vehicle. Defendant was released and directed to report to the probation department but he failed to report. As a result of the third traffic stop on September 23, 2010, probation officers determined defendant failed to provide his new address in violation of a condition of his probation.
On December 9, 2010, the court revoked defendant's probation and set an evidentiary hearing to trail case No. FSB904716. An evidentiary hearing was held on January 21, 2011, and the court found defendant violated his probation. In case No. FSB904716, the court executed a previously suspended sentence of seven years. (People v. Raygoza (August 31, 2011, E053070) [nonpub. opn.].) In this case (No. FSB704879), the court terminated probation as unsuccessful and then dismissed the case.
DISCUSSION
On March 22, 2011, defendant filed a notice of appeal stating he wished to challenge the findings made by the trial court to support the termination of his probation. We appointed counsel to represent defendant on appeal. Appointed counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738, setting forth the facts and procedural history, raising no specific issues, and requesting this court to conduct an independent review of the record. On July 28, 2011, we offered defendant an opportunity to file a personal supplemental brief, which he failed to do. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J.
We concur:
KING
Acting P. J.
CODRINGTON
J.