Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. Nos. SCR 473243 & SCR 47858
Sepulveda, J.
Defendant appeals from judgment and sentence in two dockets; his total sentence was five years, eight months in state prison. His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)
In superior court docket No. SCR No. 473243, defendant entered a plea of no contest to one count of receiving stolen property (Pen. Code, § 496, subd. (a)). He was initially released on supervised, own-recognizance status for 60 days, with an indication that he would receive probation if he did well during this initial 60-day release. After defendant failed to report for testing and failed to abstain from the use of alcohol, in violation of the terms of this conditional release, he was sentenced to the aggravated term of three years in state prison. The execution of this sentence was suspended, defendant was placed on probation and was sentenced to eight months in county jail. He was permitted to enter a residential treatment program. Defendant’s probation was later revoked when he was unsuccessfully discharged from the treatment program and failed to contact probation after his discharge. Defendant admitted this probation violation. After a motion to withdraw his plea was denied, he was sentenced to state prison, both on this docket and superior court docket No. SCR 478758. He was sentenced on this docket to eight months, to run consecutive to the five year term in docket No. 478758.
A misdemeanor count and an alleged prior strike conviction were dismissed pursuant to the plea negotiation.
On superior court docket No. 478758, defendant originally pleaded guilty to one count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted an alleged prior strike conviction (Pen. Code, § 1170.12) and a prison prior pursuant to Penal Code section 667.5, subdivision (b). The imposition of judgment was suspended and defendant was placed on probation and sentenced pursuant to the provisions of Penal Code section 1210. His probation was subsequently revoked, after he admitted an alleged violation. The court vacated the order for Penal Code section 1210 treatment and continued defendant on probation. He was later placed in a residential treatment program. His probation was subsequently revoked again, based upon his unsuccessful participation in the program. Defendant admitted this probation violation as well, and moved to withdraw his plea on this docket. That motion was denied by the court. The court denied defendant’s motion to strike his prior strike conviction (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), and sentenced him to the midterm of two years, doubled to four years due to the prior strike, plus an additional year for the prison prior, for a total of five years in state prison on this docket. Defendant’s eight-month sentence on docket No. SCR 473243 was ordered to run consecutively, for a total state prison sentence of five years, eight months.
Two additional misdemeanor counts were dismissed as part of the negotiated disposition.
The factual background of the charges on both dockets is adequately summarized in defendant’s brief. Succinctly, on docket No. SCR 473243, defendant was contacted by police after he was found sitting in a darkened vehicle in the parking lot of a market at 12:30 a.m. The officer ascertained from dispatch that defendant was on parole; defendant consented to a search of his person and car. Various items of identification belonging to another person were found on the floorboard of the car. In docket No. SCR 478758, a police officer observed defendant speeding and turning without signaling. Defendant exited his car and bent down as he passed between two other vehicles in the parking lot into which he had turned. When asked for identification, defendant provided his parole card. After verifying that defendant was on parole, the officer searched his car and person and found a syringe with a reddish liquid in the car. A pipe and a baggie of methamphetamine were found in the parking lot where defendant had been seen bending down.
Defendant was advised of and waived his constitutional rights before entering each plea and probation violation. The court found those pleas and admissions free and voluntary, and found there was a factual basis for each. No errors appear in the entries of his pleas, in his admissions of probation violations, or in his sentencing proceedings. Defendant was represented by counsel at all times. There are no meritorious issues to be argued on appeal.
The judgments are affirmed.
We concur: Ruvolo, P.J. Reardon, J.