Opinion
NOT TO BE PUBLISHED
City & County of San Francisco Super. Ct. No. 204189
Pollak, J.
Selester Rowe appeals from a judgment entered following an order revoking his probation and imposing a three-year state prison sentence as a result of his earlier guilty plea to transporting or selling cocaine base. We appointed counsel to represent Rowe on appeal. After examination of the record, counsel filed an opening brief requesting that this court independently review the record in accordance with People v. Wende (1979) 25 Cal.3d. 436, 441-442. Defendant was advised that he could file a supplemental brief, but he has not done so.
On January 14, 2008, defendant pled guilty to one count of violating Health and Safety Code section 11352, subdivision (a). On February 25, imposition of sentence was suspended and defendant was placed on probation. On March 25, the district attorney filed a motion to revoke defendant’s probation. Defendant admitted the probation violation in exchange for reinstatement of probation and a one-year term in county jail. On June 16, the district attorney moved to revoke defendant’s probation on the ground that he had committed a new violation of section 11350, subdivision (a) (possession of a controlled substance) and section 11356 (possession of controlled substance paraphernalia). At a contested hearing, Officer Timothy Neves testified that he saw defendant sitting on the ground with a crack pipe next to him. Knowing Rowe was on probation, he conducted a search and recovered three rocks of crack cocaine. The court found defendant in violation of his probation and sentenced him on the original conviction to the low-term of three years. Defendant filed a timely notice of appeal.
All statutory references are to the Health and Safety Code unless otherwise noted.
We have examined the entire record and are satisfied that Rowe’s attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 118-119; People v. Wende, supra, 25 Cal.3d at p. 441.) The judgment and order revoking probation and imposing a three-year sentence are affirmed.
We concur: McGuiness, P. J., Siggins, J.