Opinion
A123706
4-22-2009
THE PEOPLE, Plaintiff and Respondent, v. JERRY MARK RODRIGUEZ, Defendant and Appellant.
Not to be Published in Official Reports
Defendant Jerry Rodriguez appeals from a judgment and sentence after revocation of his probation and imposition of sentence. His court-appointed counsel has filed a brief seeking our independent review of the record, pursuant to People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, in order to determine whether there are any arguable issues on appeal. We find there are none and affirm.
BACKGROUND
On October 1, 1999, defendant pleaded no contest to one count of possession of methamphetamine and admitted one prior prison enhancement. Pursuant to an agreed disposition, the court sentenced defendant to four years in prison, suspended execution of the sentence and placed defendant on four years of formal probation. The conditions of probation included that defendant complete the Delancey Street residential drug treatment program. Defendant agreed to waive credits while in treatment.
Defendant left Delancey Street without permission on September 20, 2000, before completing the program, and left the state. His probation was summarily revoked and a bench warrant was issued. In January 2008 he was arrested in Nevada and charged with felony possession of a stolen vehicle, misdemeanor attempt to elude a police officer, and misdemeanor failure to change address. He was released on bail and a bench warrant was subsequently issued. On November 19, 2008, defendant was arrested in California on the outstanding 2000 warrant.
Defendant admitted the probation violation and waived extradition to Nevada. The court sentenced defendant to serve the previously imposed and suspended four-year prison sentence. Defendant was ordered to pay an $800 restitution fine. The court imposed and stayed a parole revocation fine in the same amount and gave defendant 306 days of presentence credit for good conduct and time served. The court rejected defendants request for postjudgment credits for the time he spent at Delancey Street because defendant waived them as part of his plea agreement.
Defendant filed a timely notice of appeal.
DISCUSSION
Defendants counsel has represented that he advised defendant of his intention to file a Wende brief in this case and of defendants right to submit supplemental written argument on his own behalf. Defendant has not done so. Defendant has also been advised of his right to request that counsel be relieved. This court has reviewed the entire record on appeal. No issue requires further briefing.
DISPOSITION
The judgment is affirmed.
We concur:
McGuiness, P.J.
Pollak, J.