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People v. Stone

California Court of Appeals, Third District, Shasta
Apr 20, 2009
No. C059931 (Cal. Ct. App. Apr. 20, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MARK BRIAN STONE, Defendant and Appellant. C059931 California Court of Appeal, Third District, Shasta April 20, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 06F11375

HULL, J.

While defendant was on searchable probation in another felony case, he was searched after a traffic stop in Siskiyou County on September 7, 2004, and 3.98 grams of methamphetamine, and paraphernalia, was found in his backpack.

As part of a bargain leading to the dismissal of other charges, defendant pleaded guilty to possessing methamphetamine in this case. (Health & Saf. Code, § 11377, subd. (a).) On October 11, 2005, the trial court sentenced him to prison for the midterm of two years, but suspended execution of sentence and placed defendant on probation.

In December 2006, defendant’s probation supervision was transferred to Shasta County. On March 29, 2007, a petition to revoke probation was filed, alleging defendant never contacted the Shasta County probation authorities.

Defendant was eventually arrested, and on May 14, 2008, he admitted the allegation in the petition.

On July 24, 2008, the trial court revoked probation and ordered the previously suspended prison sentence to be executed. Defendant timely filed this appeal.

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 have elapsed, and we have 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.

We concur: NICHOLSON, Acting P. J., ROBIE, J.


Summaries of

People v. Stone

California Court of Appeals, Third District, Shasta
Apr 20, 2009
No. C059931 (Cal. Ct. App. Apr. 20, 2009)
Case details for

People v. Stone

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MARK BRIAN STONE, Defendant and…

Court:California Court of Appeals, Third District, Shasta

Date published: Apr 20, 2009

Citations

No. C059931 (Cal. Ct. App. Apr. 20, 2009)