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People v. Segura

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 29, 2012
D059504 (Cal. Ct. App. Feb. 29, 2012)

Opinion

D059504 Super. Ct. No. SCS213037

02-29-2012

THE PEOPLE, Plaintiff and Respondent, v. HECTOR M. SEGURA, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

APPEAL from a judgment of the Superior Court of San Diego County, Roderick W. Shelton, Judge. Affirmed.

In March 2008, appellant Hector Segura pled guilty to violating Penal Code section 12020, subdivision (a)(4) and admitted a probation violation in an unrelated misdemeanor case. In February 2011, the court imposed a two-year prison sentence, but suspended execution of the sentence.

FACTS

On August 9, 2007, San Diego police officer Scott Holden was patrolling the Del Sol area of San Diego with his partner when he came into contact with appellant. Appellant was wearing pants and a shirt that hung down past the pants' waistline. As the officer approached, appellant pulled up his shirt, revealing a knife sheath in the coin pocket of his pants. A knife with a five-inch fixed blade was inside the sheath. The officer took possession of the knife and arrested appellant for carrying a concealed dirk or dagger.

Following appellant's guilty plea, sentencing was continued for 90 days with the understanding that if appellant showed proof of full-time employment and had no new violations of the law, the charge would be reduced to a misdemeanor. Appellant appeared as required, but sentencing was continued for 60 days. He then failed to appear, was arrested shortly thereafter and remanded to custody. At a sentencing hearing on September 18, 2008, the court suspended the imposition of sentence, placed appellant on probation and ordered him to serve 90 days in custody as a condition of probation, with credit for 48 days.

In June 2010, appellant was arrested for being under the influence of drugs. In September he admitted violating the conditions of his probation. As a result, the court revoked probation, reinstated it, imposed additional time in custody and extended appellant's probation until September 2012.

In February 2011, appellant tested positive for methamphetamine and marijuana; at a probation violation hearing, he admitted he had violated the terms and conditions of his probation. The court revoked probation, sentenced him to two years in prison, stayed execution of the sentence, reinstated probation, imposed additional custody and extended probation until February 2013. Upon release from custody, appellant was ordered to a residential treatment program as directed by probation.

DISCUSSION

Appointed appellate counsel has filed a brief setting forth the evidence and proceedings in the superior court. Counsel presents no argument for reversal, but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible, but not arguable, issues: (1) whether appellant is entitled to challenge the validity of his plea; (2) whether any of appellant's conditions of probation are inappropriate; and (3) whether appellant's term of probation has been inappropriately extended.

We granted Segura permission to file a brief on his own behalf. He has not responded.

A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738, including the possible issues referred to by appellate counsel, has disclosed no reasonable arguable appellate issues. Competent counsel has represented Segura in this appeal.

DISPOSITION

The judgment is affirmed.

_________________

HALLER, Acting P.J.

WE CONCUR:

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MCINTYRE, J.

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AARON, J.


Summaries of

People v. Segura

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 29, 2012
D059504 (Cal. Ct. App. Feb. 29, 2012)
Case details for

People v. Segura

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. HECTOR M. SEGURA, Defendant and…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Feb 29, 2012

Citations

D059504 (Cal. Ct. App. Feb. 29, 2012)