People v. Sheehan

Full title: THE PEOPLE, Plaintiff and Respondent, v. DENNIS BRIAN SHEEHAN, Defendant…

Court: California Court of Appeals, Third District, San Joaquin

Date published: Oct 28, 2009

No. C059441 (Cal. Ct. App. Oct. 28, 2009)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. DENNIS BRIAN SHEEHAN, Defendant and Appellant. C059441 California Court of Appeal, Third District, San Joaquin October 28, 2009

NOT TO BE PUBLISHED

Super. Ct. No. SF086646A

HULL, Acting P. J.

In this matter, counsel appointed to represent Dennis Brian Sheehan 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 of his right to file a supplemental brief, but he has not done so. We affirm the judgment.

Defendant pleaded guilty to one count of possessing a controlled substance (Health & Saf. Code, § 11350) on February 21, 2003, at which time the trial court suspended imposition of sentence, placed defendant on five years formal probation and ordered him to serve 300 days in county jail. The court also imposed a $200 restitution fine pursuant to Penal Code section 1202.4, a $20 fine pursuant to Penal Code section 1465.8, and a $50 fine pursuant to Health and Safety Code section 11372.5.

On February 21, 2003, defendant was granted probation in case number SF086646A at which time he was “[p]laced under care and supervision of the Probation Officer for a period of 5 years” and ordered “to follow all orders of the court and probation officer and report as directed.” Thereafter, he was required to report to his probation officer “[m]onthly from the first to the 15th of every month.”

On June 2, 2008, the trial court conducted a hearing on an allegation that defendant had violated the terms of his probation. During that hearing, defendant’s probation officer testified that defendant failed to report to the probation office from October 12, 2007 through June 2, 2008.

On June 2, 2008, the trial court found defendant was in violation of his probation because he failed to report to his probation officer as directed.

On July 16, 2008, the trial court denied probation and committed defendant to state prison for two years for violating Health and Safety Code section 11350. He was ordered to pay a restitution fine of $200 (Pen. Code, § 1202.4) and an additional $200 restitution fine, suspended (Pen. Code, § 1202.45). The trial court awarded defendant 228 days of actual credit and 114 days of good time/work time credit, for a total of 342 days.

Defendant filed a timely notice of appeal.

Having examined the record, we find no error that would result in a disposition more favorable to defendant.

Disposition

The judgment is affirmed.

We concur: ROBIE, J., BUTZ, J.