P. v. Robinson

P. v. Robinson

Filed 7/31/08 P. v. Robinson CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. KEVIN EARL ROBINSON, Defendant and Appellant.

E041476 (Super.Ct.No. FWV34078) OPINION

APPEAL from the Superior Court of San Bernardino County. Joan M. Borba, Judge. Affirmed.

Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A felony complaint filed on March 1, 2005, alleged in count 1 that on or about February 26, 2005, defendant possessed a controlled substance for sale in violation of Health and Safety Code section 11378. It was further alleged that defendant suffered a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).

On March 15, 2005, defendant, represented by counsel, pled guilty to count 1. Pursuant to the plea agreement, the prior was stricken. (Pen. Code, 1385.) Thereafter, defendant was released into drug court. On March 24, 2005, defendant was not accepted at drug court and the matter was transferred back to the trial court. On April 5, 2005, defendant was referred to the probation department for possible placement in drug court.

On April 29, 2005, after considering the probation report, the court accepted defendant into the Pre-Entry program. The court thereafter sentenced defendant and placed him on probation for a period of 36 months with certain terms and conditions, including participating in the Pre-Entry drug court program.

On May 6, 2005, when defendant failed to appear, the court revoked probation and issued a bench warrant. On August 9, 2005, the court reinstated defendants probation. On August 12, 2005, the court found appellant no longer suitable for drug court. When defendant failed to appear for the next hearing date, the court revoked probation and issued a bench warrant. On July 27, 2006, the court denied defendants motion to withdraw his guilty plea.

On July 28, 2006, following a contested probation violation hearing, the court found defendant to be in violation of the terms and conditions of probation. The court thereafter sentenced defendant to the midterm of two years in state prison and awarded the appropriate custody credits.

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 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, which he has not done.

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

RAMIREZ

P.J.

We concur:

HOLLENHORST

J.

GAUT

J.

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