Opinion
C052154
12-12-2006
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL ANDREA RICHARDSON, Defendant and Appellant.
In December 2001, in case No. 62025456, defendant Michael Andrea Richardson pleaded guilty to second degree burglary. (Pen. Code, §§ 459, 460, subd. (b); further undesignated statutory references are to the Penal Code.) A related count was dismissed. Imposition of sentence was suspended and defendant was placed on probation for four years on the condition, among others, that he serve 180 days of incarceration.
In June 2002, in case No. 62028475, defendant pleaded guilty to second degree burglary. He admitted an allegation that he violated his probation in case No. 62025456 by committing the offense in case No. 62028475. Three related counts were dismissed. Defendant was sentenced to state prison for three years eight months. Execution of sentence was suspended and defendant was placed on probation for five years on the condition, among others, that he serve 360 days of incarceration.
In August 2002, defendant filed a petition to modify his probation and sentence by granting him a temporary release for a doctors appointment. The court granted the petition and granted a medical furlough on the date requested from 7:30 a.m. to 3:00 p.m. He did not obey the conditions of the furlough.
In September 2002, a petition was filed alleging that defendant violated his probation by committing felony escape (§ 4532, subd. (b)(1)) and misdemeanor contempt of court (§ 166, subd. (a)(4)).
In July 2003, in case No. 62031053, defendant pleaded guilty to felony escape. He admitted an allegation that he violated his probation in case Nos. 62025456 and 62028475 by committing the offense in case No. 62031053.
In October 2003, defendant was sentenced to state prison for four years four months, consisting of the three year upper term for escape plus eight months each for the two burglaries. Execution of sentence was suspended and defendant was placed on probation for five years on the condition, among others, that he serve 365 days of incarceration.
In May 2005, a petition was filed alleging that defendant violated his probation by violating section 496 and Vehicle Code section 10851. At a contested revocation hearing in October 2005, the prosecution introduced a certified copy of a Sacramento County conviction of Vehicle Code section 10851. The violation petition was found true. Execution of the state prison sentence was ordered.
In case No. 62028475, defendant was awarded 120 days of custody credit and 60 days of conduct credit. In case No. 62031053, he was awarded 385 days of custody credit and 192 days of conduct credit. In case No. 62025456, he was awarded 120 days of custody credit and 60 days of conduct credit. In each case, he was ordered to pay a $200 restitution fine (§ 1202.4) and a $200 restitution fine suspended unless parole is revoked (§ 1202.45). His request for a certificate of probable cause was denied.
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:
BUTZ, J.
CANTIL-SAKAUYE, J.