Opinion
E068732
03-08-2018
THE PEOPLE, Plaintiff and Respondent, v. STEVEN EDWARD WOODS, Defendant and Appellant.
Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. 16CR032745) OPINION APPEAL from the Superior Court of San Bernardino County. Rodney A. Cortez, Judge. Affirmed. Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Pursuant to a plea agreement, defendant and appellant Steven Edward Woods pled guilty to various offenses charged in a nine-count amended felony complaint. He was accepted into the drug court treatment program (drug court) and waived his Penal Code section 4019 credits as a condition of participating in it. The court placed defendant on probation for three years under specified terms, which included serving 184 in county jail. The court ordered him to report to the probation department and drug court upon release. Defendant subsequently violated his probation by failing to keep the probation officer informed of his residence and using methamphetamine. The court terminated probation and drug court. It then sentenced defendant to a total term of six years in state prison and awarded 267 days of custody credits. The court held multiple restitution hearings, and the parties stipulated to the amounts ordered at each one.
Defendant filed a timely notice of appeal and requested a certificate of probable cause, which was denied. We affirm.
PROCEDURAL BACKGROUND
Pursuant to a plea agreement, defendant pled guilty to possession of heroin for sale (Health & Saf. Code, § 11351, count 1), possession of cocaine for sale (Health & Saf. Code, § 11351, count 2), possession of methamphetamine for sale (Health & Saf. Code, § 11378, count 3), possession of hydrocodone for sale (Health & Saf. Code, § 11351, count 4), disobeying a court order (Pen. Code, § 166, subd. (a)(4), count 5), resisting, obstructing, or delaying a peace officer (Pen. Code, § 148, subd. (a)(1), count 6), stalking (Pen. Code, § 646.9, subd. (a), count 7), identity theft (Pen. Code, § 530.5, subd. (a), count 8), and grand theft of personal property over $950 (Pen. Code, § 487, subd. (a), count 9).
ANALYSIS
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and the following potential arguable issues: (1) whether the restitution order made on May 19, 2017, was excessive; and (2) whether the section 4019 credits were correct.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error. We have now concluded our independent review of the record and find no arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
McKINSTER
Acting P. J. We concur: MILLER
J. SLOUGH
J.