Opinion
B190207
12-11-2006
THE PEOPLE, Plaintiff and Respondent, v. RANDY TERRY, Defendant and Appellant.
Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Randy Terry appeals from a post-judgment order revoking his probation and executing a previously suspended aggregate state prison sentence.
In January 2005, in Los Angeles Superior Court case number BA267332, Terry entered a negotiated no contest plea to committing petty theft with a prior theft-related conviction, with an admission he had served four separate prison terms for a felony. (Pen. Code, §§ 666, 667.5, subd. (b).) Pursuant to the terms of the plea agreement, the trial court sentenced Terry to seven years in state prison, suspended execution of sentence, and granted him three years of formal probation. Terry appealed from the judgment, and appointed appellate counsel filed a Wende brief. (People v. Wende (1979) 25 Cal.3d 436.) This court affirmed Terrys conviction in an unpublished opinion. (People v. Terry (Aug. 29, 2005, B180983) [nonpub. opn.].)
On January 20, 2006, Terrys formal probation was summarily revoked following his arrest for committing commercial burglary that resulted in a new case, Los Angeles Superior Court case number BA292614.
A formal probation revocation hearing was held on January 26, 2006, in case number BA267332. Terry appeared in propria persona, and the trial court granted his request to be represented by stand-by counsel. According to the hearing evidence, Terry was arrested after he attempted to climb through the window of a closed business. The court found Terry in violation of probation for failing to obey all laws and ordered executed his previously suspended state prison sentence. The court granted the prosecutions motion to dismiss the pending burglary case (case no. BA292614).
Terry then unsuccessfully sought review of the trial courts post-judgment order. On February 9, 2006, his petition for writ of habeas corpus was denied by this court on grounds Terry failed to allege sufficient facts to justify relief. On March 13, 2006, his petition for writ of habeas corpus filed in the superior court was denied.
On March 23, 2006, Terry filed a hand-printed notice of appeal from the post-judgment order. We appointed counsel to represent him on appeal. After examination of the record, counsel filed an "Opening Brief" in which no issues were raised. On October 10, 2006, we advised Terry he had 30 days within which to personally submit any contentions or issues he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied Terrys attorney has fully complied with the responsibilities of counsel and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756]; People v. Kelly (Nov. 27, 2006, S133114) ___ Cal.4th ___; People v. Wende, supra, 25 Cal.3d 436, 441.)
The post-judgment order revoking probation and executing the previously suspended aggregate sentence in case number BA267332 is affirmed.
We Concur:
PERLUSS, P. J.
ZELON, J.