Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. CM022110, CM023173 & CM024306
BLEASE, J.
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by Wende, we affirm the judgment.
Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 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.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On October 27, 2004, Chico police officers saw defendant casing out a parking lot. Defendant was stopped and searched, and found to be in possession of burglary tools, “master” keys, and a car stereo he had stolen from a car in the lot. Defendant was charged in case No. CM022110 with second degree burglary of a vehicle (Pen. Code, § 459), attempted vehicle theft (§§ 664; Veh. Code, § 10851), and possession of burglary tools (§ 466). Defendant was released on his own recognizance after his arraignment.
Further undesignated statutory references are to the Penal Code.
On April 25, 2005, defendant failed to appear at his trial readiness conference. His own-recognizance release was revoked and a bench warrant was issued for his arrest. A felony complaint was filed in case No. CM023173 on June 20, 2005, charging defendant with failure to appear at the April 25, 2005, hearing (§ 1320.5) and alleging defendant was released on his own recognizance at the time he failed to appear (§ 12022.1).
On August 8, 2005, defendant entered into a negotiated plea in conjunction with both cases. He pled no contest to all the charges and admitted the enhancement with the promise of no immediate state prison and an agreement that the prosecution would not oppose release on his own recognizance pending sentencing. Defendant was released on his own recognizance pending sentencing.
Defendant failed to appear at his continued sentencing hearing on November 7, 2005. The trial court revoked the own-recognizance release and issued a warrant for defendant’s arrest. A felony complaint was filed in case No. CM024306 on December 14, 2005, charging defendant with failure to appear at the November 7, 2005, hearing (§ 1320.5) and alleging defendant was released on his own recognizance at the time he failed to appear (§ 12022.1). Defendant pled guilty to failing to appear in exchange for dismissal of the enhancement.
On June 22, 2006, defendant waived 201 days of custody credits and the trial court placed defendant on probation for three years on the condition, inter alia, that he serve 365 days in county jail (with one day suspended) and perform 200 hours of community service. (See People v. Johnson (1978) 82 Cal.App.3d 183, 187-188.) The court also imposed various fines and fees.
On December 4, 2007, a petition for revocation of probation was filed, alleging defendant had moved his residence without informing his probation officer, had left the state without permission, and had failed to report to his probation officer as required. Defendant failed to appear at the probation violation hearing. The trial court revoked defendant’s probation and issued a bench warrant for his arrest.
Defendant admitted the probation violations on February 21, 2008. On March 20, 2008, the trial court reinstated defendant on probation, extending the term to five years on the condition that defendant serve and additional 365 days in county jail subject to a waiver of 723 days of custody credit. (See People v. Johnson, supra, 82 Cal.App.3d at pp. 187-188.)
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: SCOTLAND , P. J., DAVIS , J.