Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. Nos. SCR487791 & SCR498107
Marchiano, P.J.
Defendant appeals from a sentence and judgment of four years eight months after a hearing in which he was found in violation of probation. Counsel for defendant filed an opening brief in which he raises no issues and asks this court for an independent review under People v. Wende (1979) 25 Cal.3d 436. We have conducted that review and find no arguable issues to be briefed or argued. Counsel informed defendant that he had the right to file a supplemental brief and none was filed. We affirm the judgment.
Procedural Background
The background facts are contained in the probation report which we have reviewed. Defendant has multiple past misdemeanor convictions and a prior felony conviction with unsatisfactory performance on grants of formal probation. On April 10, 2006, a Santa Rosa police officer arrested defendant for driving under the influence of alcohol and driving with a suspended license. On September 23, 2006, a California Highway Patrol officer arrested defendant for driving under the influence.
Two felony complaints were filed charging defendant with driving under the influence of alcohol or drugs and alleging that he had three prior convictions under Vehicle Code sections 23152 and 23550. It was also alleged that he was on bail at the time of the second offense in 2006.
After defendant was fully advised of his constitutional rights and the consequences of his plea, defendant pleaded guilty to all counts, admitted that he was on bail at the time of the second offense and admitted the three prior convictions. The court imposed the middle term of two years on the first case, and one-third of the middle term, eight months, on the second case for violating Vehicle Code sections 23152 and 23550. An additional two-year consecutive term for violation of Penal Code section 12022.1, committing a felony offense while on bail, was also imposed. The execution of the term of four years eight months was suspended, defendant was placed on probation for three years and appropriate fees and fines were imposed. Defendant was ordered to serve 11 months in the Sonoma County jail before being released to a residential treatment program.
He was released early in error to the Turning Point residential program, left the program without consent the next day, and did not keep in contact with the probation department or the court. Probation was summarily revoked and a bench warrant issued. Defendant was arrested in Riverside. Defendant admitted the violation of probation and explained that he left the Turning Point residential program on his own to find a work based program to earn money.
On July 24, 2007, after a sentencing hearing and review of the probation report, the court imposed the previously suspended term of four years eight months in state prison. Custody credits were awarded and fines and fees imposed.
Disposition
There were no errors in the proceedings or in the sentence.
The judgment is affirmed.
We concur: Stein, J., Swager, J.