From Casetext: Smarter Legal Research

People v. Robinson

California Court of Appeals, Third District, Sacramento
Apr 29, 2009
No. C058725 (Cal. Ct. App. Apr. 29, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MARCUS ROBINSON, Defendant and Appellant. C058725 California Court of Appeal, Third District, Sacramento April 29, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 04F04826

BLEASE, Acting P. J.

Based upon the police finding rock cocaine in the possession of defendant Marcus Robinson in May 2004, he entered into a negotiated settlement whereby he pled no contest to possession of cocaine and admitted a prior strike conviction. In December the court sentenced defendant to 32 months in prison and imposed fines of $400 in accordance with Penal Code sections 1202.4 and 1202.45, but suspended execution of the sentence and placed defendant on five years’ probation pursuant to Proposition 36.

Defendant had three revocations of probation, each followed by reinstatement of probation. When defendant picked up another drug case (case No. 07F10576), the prosecution offered to dismiss the new case if defendant agreed to have the previously imposed suspended sentence now imposed. Defendant accepted the offer and the court imposed the 32-month sentence and dismissed the new case.

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 the 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.

The judgment is affirmed.

We concur: SIMS, J., NICHOLSON, J.


Summaries of

People v. Robinson

California Court of Appeals, Third District, Sacramento
Apr 29, 2009
No. C058725 (Cal. Ct. App. Apr. 29, 2009)
Case details for

People v. Robinson

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MARCUS ROBINSON, Defendant and…

Court:California Court of Appeals, Third District, Sacramento

Date published: Apr 29, 2009

Citations

No. C058725 (Cal. Ct. App. Apr. 29, 2009)