P. v. Gutierrez
Defendant and appellant Wesley Gutierrez (defendant) appeals from an order revoking his probation and executing a previously suspended prison term. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On April 30, 2013, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. That time has elapsed and defendant has submitted no letter or brief. We have reviewed the entire record and finding no error or other arguable issues, we affirm the judgment.
In 2011, defendant pled no contest under a plea agreement to possession for sale of cocaine base in violation of Health and Safety Code section 11351.5, as charged in the information, and admitted two prior narcotics convictions specially alleged pursuant to Health and Safety Code section 11370.2, subdivision (a), as well as four prison priors alleged pursuant to Penal Code section 667.5, subdivision (b). On January 27, 2012, the trial court sentenced defendant according to the plea agreement to an aggregate term of 14 years in prison, comprised of the high term of five years, plus three years for each prior narcotics conviction, and one year for each of three prison priors. The court suspended execution of the sentence, placed defendant on probation for five years conditioned upon the completion of one year in a Salvation Army residential drug rehabilitation program, as well as other conditions.
Comments on P. v. Gutierrez