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People v. Warmington

California Court of Appeals, Third District, Shasta
Jan 20, 2009
No. C058590 (Cal. Ct. App. Jan. 20, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. SPENCER LEE WARMINGTON, Defendant and Appellant. C058590 California Court of Appeal, Third District, Shasta January 20, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 05F7377

SIMS, Acting P. J.

In August 2006, defendant Spencer Lee Warmington pled no contest to first degree burglary in case No. 05F7377 and second degree burglary in case No. 06F2409, in exchange for a grant of probation in both cases. Consistent with his plea, defendant was placed on formal probation for three years and ordered to pay various fines and fees.

On March 8, 2007, two bench warrants issued for defendant, each alleging defendant violated the terms of his probation. Defendant was arrested. After he was advised of his rights, defendant admitted to the following probation violations: failing to report to probation, in writing, since April 2007, and failing to make payments toward the previously ordered property theft and restitution fines since July 2006.

Defendant waived a probation report and requested immediate sentencing. The court then sentenced defendant to an aggregate term of two years and eight months in state prison and ordered him to pay various fines and fees. Defendant was awarded 254 days presentence credits. Defendant appeals.

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 other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: DAVIS, J. HULL, J.


Summaries of

People v. Warmington

California Court of Appeals, Third District, Shasta
Jan 20, 2009
No. C058590 (Cal. Ct. App. Jan. 20, 2009)
Case details for

People v. Warmington

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. SPENCER LEE WARMINGTON, Defendant…

Court:California Court of Appeals, Third District, Shasta

Date published: Jan 20, 2009

Citations

No. C058590 (Cal. Ct. App. Jan. 20, 2009)