Opinion
C067262
12-28-2011
THE PEOPLE, Plaintiff and Respondent, v. ROBIN GILLEN STARR, 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CRF075801)
In October 2007, defendant Robin Gillen Starr made an unsafe U-turn in a car he was driving. A police officer stopped defendant and a parole search yielded a 60-milligram morphine tablet in his pants pocket. The officer arrested him.
Defendant waived his right to counsel and appeared in propria persona. He pled no contest to transportation of a controlled substance and admitted a prior serious felony conviction. In exchange, counts of forgery of a prescription, possession of a controlled substance, driving without a license, and failing to stop at a stop sign were dismissed.
Although the trial court referred to count two as a possession, it appears the trial court misspoke as count two is a transportation charge and the abstract so reflects.
Defendant was sentenced to state prison for eight years. Execution of sentence was suspended and defendant was placed on probation for five years on the condition, among others, that he serve 136 days in jail with 136 days of credit for time served.
Defendant tested positive for methamphetamine on August 9, 13, and 30, 2010. He tested positive for morphine on August 4 and August 6, 2010. Defendant failed to appear for drug testing on August 17, 20, 22, and 24, 2010.
In October 2010, a declaration was filed alleging that defendant violated probation by testing positive for methamphetamine and morphine and by failing to submit to drug testing. Following a contested hearing, the trial court found that defendant violated probation by testing positive for methamphetamine on three of the four alleged occasions, testing positive for morphine on both alleged occasions, and failing to appear for testing on four of the six alleged occasions.
Defendant's motions to set aside the information and dismiss the charges were denied. The trial court found that he had violated his probation. Further probation was denied and execution of the state prison sentence was ordered. Defendant was awarded 186 days' custody credit and 92 days' conduct credit. The trial court confirmed a previously imposed $200 restitution fine, ordered execution of a previously imposed and stayed $200 probation revocation restitution fine, and imposed a $200 restitution fine suspended unless parole is revoked. The court confirmed a previously imposed $190 laboratory analysis fee including penalty assessments and a $570 drug program fee including penalty assessments. The court also imposed a $40 court security fee and a $30 court facilities assessment.
The relevant 2010 amendment to Penal Code section 2933 does not entitle defendant to additional conduct credit because he has a prior conviction of a serious felony. (Former Pen. Code, § 2933, subd. (e)(3) [as amended by Stats. 2010, ch. 426, § 1, eff. Sept. 28, 2010].)
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We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
ROBIE, Acting P. J.
We concur:
BUTZ, J.
MAURO, J.