Opinion
E055477
05-31-2012
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER M. STEWART, Defendant and Appellant.
Lewis A. Wenzell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Super.Ct.No. FVI1102692)
OPINION
APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin, Judge. Affirmed.
Lewis A. Wenzell, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
In February 2009, defendant and appellant Christopher M. Stewart pled guilty in the Superior Court of Orange County to second degree commercial burglary (Pen. Code, §§ 459-460, subd. (b), count 1) and receiving stolen property (Pen. Code, § 496, subd. (a), count 2). In return, the remaining charge (count 3) was dismissed. Defendant was placed on three years' formal probation, with various terms and condition.
Orange County case No. 08WF2168.
In August 2011, a motion to transfer probation from Orange County to San Bernardino County was filed. The motion was granted in November 2011.
In January 2012, the Superior Court of San Bernardino County accepted the transfer of probation from Orange County. At the transfer hearing, defendant challenged some of the San Bernardino County probation conditions and requested that the trial court strike them. The trial court denied defendant's request and imposed all of the probation terms that had been recommended by the probation department. Defendant appeals from the judgment, challenging the sentence or other matters occurring after the plea. We find no error and affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On October 15, 2008, a felony complaint was filed in the Superior Court of Orange County charging defendant and three codefendants with one count of second degree commercial burglary (Pen. Code, §§ 459-460, subd. (b), count 1) and two counts of receiving stolen property (Pen. Code, § 496, counts 2 & 3).
On February 5, 2009, defendant pled guilty to counts 1 and 2. In return, count 3 was dismissed. Defendant was placed on three years' formal probation, with various terms and conditions.
On August 23, 2011, a motion to transfer probation from Orange County to San Bernardino County was filed. (Pen. Code, § 1203.9.) The motion was granted on November 7, 2011.
On January 17, 2012, the San Bernardino County Superior Court accepted the probation transfer. At that hearing, defense counsel objected to the court's motion to add additional terms of probation, and he requested that those terms be stricken or modified. Specifically, defense counsel objected to the substance abuse conditions (term Nos. 12 & 13) and the weapons possession condition (term No. 10). The trial court denied the request. Defendant thereafter accepted all of the terms and conditions of probation.
On January 18, 2012, defendant filed a notice of appeal based on the sentence or other matters occurring after the plea.
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting that this court conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
MILLER
J.
CODRINGTON
J.