Opinion
H036494
10-24-2011
THE PEOPLE, Plaintiff and Respondent, v. MONIQUE NICOLE TOWNSEND, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule
(Santa Clara County Super. Ct. No. CC624143)
On June 9, 2006, defendant Monique Nicole Townsend pleaded guilty to one count of possession of a controlled substance (methamphetamine) (Health & Saf. Code, § 11377, subd. (a), a felony), one count of being under the influence of a controlled substance (methamphetamine) (id. § 11550, subd. (a), a misdemeanor) and admitted having served a prior prison term (Pen. Code, § 667.5, subd. (b)). In exchange, Townsend was placed on Proposition 36 probation, with placement in a residential treatment facility. On January 3, 2011, following 10 prior probation revocations and reinstatements, Townsend's probation was revoked for an eleventh time and she was sentenced to two years in prison with credit for time served of 1,958 days. Concurrent jail sentences were imposed and deemed served in two separate cases.
We appointed counsel to represent Townsend in this court. Appointed counsel filed an opening brief which states the case and the facts, but raises no specific issues. We notified Townsend of her right to submit written argument in her own behalf within 30 days. That period has elapsed, and we have received no written argument from Townsend. I. DISCUSSION
There was no trial, preliminary hearing or probation report. Consequently, we cannot summarize the facts of the commitment offense or the probation violation.
After being placed on Proposition 36 probation on June 9, 2006, Townsend's probation was revoked on August 11, 2006 and reinstated on September 25, 2006. On November 3, 2006, probation was again revoked and Townsend admitted violating her probation on January 9, 2007. Probation was reinstated and modified on February 23, 2007. On April 16, 2007, Townsend's probation was summarily revoked, but reinstated, modified and extended on May 2, 2007.
Probation was revoked a fourth time on January 25, 2008, then again reinstated, modified and extended for one year on February 25, 2008. On August 1, 2008, probation was summary revoked, then reinstated and modified on September 25, 2008. On November 6, 2008, probation was revoked a sixth time, followed by reinstatement and modification on November 14, 2008. Probation was subsequently extended on January 23, 2009. Townsend's probation was revoked for a seventh time on April 17, 2009, and following several continuances, probation was reinstated, modified and extended on November 10, 2009. On January 14, 2010, probation was summarily revoked, but reinstated and modified on March 4, 2010. Probation was revoked for the ninth time on April 9, 2010 and reinstated on June 4, 2010. Townsend's tenth probation revocation occurred on July 23, 2010, and probation was reinstated, modified and extended in October 2010.
The eleventh and final summary revocation was ordered on November 12, 2010. On January 3, 2011, Townsend admitted an unspecified violation of probation, and received a two year commitment to state prison, with credit for time served totaling 1,958 days. In two separate cases, the trial court imposed concurrent jail sentences, which were deemed served. Townsend was directed to pay a restitution fund fine of $220, along with a state restitution fine of $220 that had previously been suspended. All other fines and fees were ordered deleted. As her sentence was deemed served, Townsend was ordered released and directed to report to parole.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the whole record and have concluded there is no arguable issue on appeal.
II. DISPOSITION
The judgment is affirmed.
Premo, J. WE CONCUR:
Rushing, P.J.
Elia, J.