Opinion
C085666
07-19-2018
THE PEOPLE, Plaintiff and Respondent, v. KALEB ANTHONY SHULTS, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CM043195)
Appointed counsel for defendant Kaleb Anthony Shults asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
FACTS AND PROCEEDINGS
The parties stipulated to a factual basis in the probation report. We take the facts from that report.
Defendant broke into a parked car and took a phone charger and CD case. He was also found in possession of stolen collectable coins.
Defendant pleaded no contest to felony receipt of stolen property (Pen. Code, § 496, subd. (a)); a charge of second degree burglary of a vehicle was dismissed with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754.) The trial court found defendant in violation of probation.
At sentencing, the trial court reinstated probation and, as to defendant's conviction for receiving stolen property, placed him on drug court probation for five years. The court imposed various fines and fees. And defendant entered a Johnson (People v. Johnson (1978) 82 Cal.App.3d 183) waiver, waiving his accrued custody credits.
Seven months later, defendant admitted to a probation violation for failing to maintain his residence as approved by probation. An additional probation violation allegation was struck with a Harvey waiver. The court reinstated probation and ordered additional hours of community service.
Nearly a year later, defendant's probation was again revoked and reinstated when he admitted moving from his residence without his probation officer's permission.
Four months after that, probation was terminated a final time for failure to appear. The trial court imposed the three-year upper term for receiving stolen property. It then split the sentence, suspending 548 days for mandatory supervision. It awarded 153 days of custody credit (77 actual, 76 conduct). The court ordered various fines and fees.
DISCUSSION
Counsel filed an opening brief setting forth the facts of the case and requests that we review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.
Having examined the record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
HULL, Acting P. J.
We concur:
BUTZ, J.
MAURO, J.