Opinion
B163786.
7-8-2003
THE PEOPLE, Plaintiff and Respondent, v. KENYATTE RUCKER, Defendant and Appellant.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
In December 2001, Kenyatte Rucker entered a store, put several items inside his jacket, and started to leave the premises. When the owner tried to stop him, Rucker pulled out a box cutter, then fled. Rucker was arrested. Pursuant to a negotiated plea, Rucker pled no contest to second degree robbery and admitted that he had used a box cutter; he was sentenced to state prison for a term of four years, but execution was stayed and probation was granted.
In July 2002, Rucker was arrested on a prostitution charge, cited, and ordered to appear in court for his arraignment. Rucker failed to appear, a bench warrant issued, and he was arrested. A probation violation hearing was held, and the trial court found that Rucker had violated the condition of his probation that required him to obey all laws. Probation was revoked and the stay of execution was vacated. Sentence was reimposed, with credit for time served.
Rucker filed a notice of appeal and we appointed appellate counsel. On May 20, 2003, Ruckers appointed counsel filed an opening brief in which no issues were raised. On May 21, we notified Rucker that he had 30 days within which to submit any contentions or arguments he wanted us to consider, but he has not responded. We have independently reviewed the record and are satisfied that Ruckers appointed counsel has satisfied his duties and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071.)
The judgment is affirmed.
We concur: SPENCER, P.J., and MALLANO, J.