Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. YA072045
THE COURT:Rafael Robinson (appellant) appeals from the judgment entered following an order revoking his probation and imposing a five-year state prison sentence. The sentence was a result of appellant’s earlier plea to possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a)), and admission to serving a prior prison term (Pen. Code, § 667.5, subd. (b)).
All subsequent statutory references are to the Penal Code unless otherwise specified.
On June 11, 2008, appellant was arrested and subsequently charged with possession of a controlled substance, to wit, methamphetamine (count 1; Health & Saf. Code, § 11377, subd. (a)), possession of a controlled substance while armed with a firearm (count 2; Health & Saf. Code, § 11370.1, subd. (a)), and possession of a firearm by a felon (count 3; § 12021, subd. (a)(1)). The information also alleged that appellant had suffered a prior prison term for forgery (§ 667.5, subd. (b)). Appellant pled no contest to count 2 and admitted to serving the prior prison term. The trial court imposed a sentence of five years in state prison, suspended execution of the sentence, and placed appellant on formal probation subject to certain conditions, including that he not own, use, or possess any dangerous or deadly weapons including knives, that he not use or possess any narcotics and associated paraphernalia, and that he obey all laws.
The following facts were adduced at the probation violation hearing: On February 26, 2009, at approximately 12:05 a.m., Culver City Police Department Officer Michael Fairbanks initiated a traffic stop of appellant and the vehicle that he was driving. Officer Fairbanks searched appellant’s person and found a switchblade inside one of appellant’s pants pocket. Inside the vehicle’s center console, Officer Fairbanks found a container bearing the label “Deterrent Personal Pepper Spray” and a glass cylindrical pipe with a bulbous end. Officer Fairbanks also recovered a nylon bag with the following items: a Washington Mutual Bank debit card issued to Ashton McDaniel (McDaniel); a spiral notebook containing McDaniel’s name, her address, telephone number, social security number, birth date, and mother’s maiden name; a Washington Mutual Bank debit card issued to Patrick Nasheickal; two duplicate copies of a W-2 tax form issued to Lovener Duchataeu; a Wells Fargo Bank statement issued to Albert and Doris Fields; an “AAA” card with the name Hoon Kang, and a parole discharge card with the name R. Robinson.
McDaniel testified that she had lost her Washington Mutual Bank debit card some time before the probation hearing. She also testified that she was not acquainted with appellant, had not given appellant permission to possess or use her debit card, and had not revealed to appellant any of the personal information that was contained in the spiral notebook found in appellant’s car.
The trial court ruled that appellant had violated the terms of his probation by a preponderance of the evidence. The trial court imposed the previously suspended five-year sentence.
We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an “Appellant’s Opening Brief” in which no issues were raised. On February 10, 2010, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. We have not received a response from appellant.
We have examined the entire record and are satisfied that appellant’s attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment and order under review are affirmed.