Opinion
NOT TO BE PUBLISHED
Santa Clara County Super. Ct. No. CC623431
Mihara, Acting P.J.
On February 20, 2006, police officers tried to stop defendant while he was driving a car that had been reported stolen. Defendant drove off at high speed on the wrong side of the road in a residential area. The car was soon found abandoned with the engine running and the key in the ignition. A backpack containing ammunition was found in the car. Defendant’s home was a few doors down from where the car was abandoned. A police officer positively identified defendant as the man who had been driving the car when the attempted stop occurred.
Defendant was charged by information with driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), reckless driving (Veh. Code, § 2800.2, subd. (a)), and possession of ammunition by a felon (Pen. Code, § 12316, subd. (b)). It was further alleged that he had served a prison term for a prior felony conviction (Pen. Code, § 667.5, subd. (b)). In August 2006, he pleaded no contest to the three counts and admitted the prison prior in exchange for a grant of felony probation conditioned on his serving an 11-month jail term and completing a substance abuse treatment program. He had 216 days of custody credit when he was placed on probation on September 28, 2006. He was released from jail in January 2007. Defendant did not contact his probation officer after February 1, 2007, even though he had been advised to report to him every two weeks.
In May 2007, defendant was arrested for possessing and being under the influence of a controlled substance, possessing controlled substance paraphernalia, and resisting a public officer. He faced criminal charges for these offenses. He had not participated in a substance abuse treatment program or provided any proof of educational or vocational training or employment as his probation conditions required. Defendant also had not paid anything toward his $200 restitution fund fine.
His probation was summarily revoked in June 2007. In August 2007, defendant admitted to his probation officer that he had “got caught up with the drugs” and been “high,” and he conceded that he “needed help.” Defendant, who was 33 years old, had previously participated in seven outpatient and two residential substance abuse treatment programs.
A contested hearing on the probation violation allegations was held in September 2007. The officer who had arrested defendant for the May 2007 offenses testified that he had found defendant under the influence of methamphetamine and in possession of methamphetamine and a methamphetamine pipe. Defendant ran when the officer tried to detain him. After the officer arrested defendant, defendant admitted that he had smoked methamphetamine earlier that day. Defendant’s probation officer testified that defendant had never provided him with proof that he had attended a substance abuse program or any educational or vocational program, or had obtained employment. Defendant testified that he had served a prior prison term for possession of drugs, was affiliated with a gang, and “went to CYA for murder.”
The court found the probation violations true. It found defendant unsuitable for probation and imposed concurrent two-year prison terms for each of the counts and a consecutive one-year prison term for the prison prior. Defendant filed a timely notice of appeal.
Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.
The judgment is affirmed.
WE CONCUR: McAdams, J., Duffy, J.