P. v. Bacon
Filed 6/18/13 P. v. Bacon CA3
NOT TO BE PUBLISHED
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opinion has not been certified for publication or ordered published for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
THIRD APPELLATE
DISTRICT
(Shasta)
----
>
THE PEOPLE, Plaintiff and Respondent, v. ROBERT ALAN BACON, Defendant and Appellant. | C072986 (Super. Ct. No. 10F5380) |
On August 9, 2010, a complaint was
filed charging defendant Robert Alan Bacon with href="http://www.fearnotlaw.com/">possession of methamphetamine. Defendant pled no contest. The trial court placed defendant on three
years of formal probation under Proposition 36 and imposed various fees and
fines.
According
to the probation report, a law enforcement officer conducting a probation
search of defendant on July 3,
2010, found 0.30 grams of methamphetamine in a bindle in
defendant’s right front pocket, along with paraphernalia commonly used in
injecting methamphetamine.
On March 4,
March 14, April 5, and May 9, 2011, the People filed petitions to revoke
defendant’s probation, alleging: (1)
defendant was under the influence of a controlled substance and carried a dirk
or dagger on February 2, 2011; (2) defendant failed to appear in court on
March 4, 2010; (3) defendant was under the influence of a controlled
substance and possessed a hypodermic
syringe on March 16, 2011; and (4) defendant was under the
influence of a controlled substance on April 6, 2011. On May 9,
2011, defendant admitted the probation violations.
On June 7, 2011, the trial court
reinstated defendant’s probation on the conditions previously ordered, with
credit for a total of 92 days in jail (46 actual days and 46 conduct
days).
On September 26, 2011, the People
filed two petitions to revoke defendant’s probation. The first alleged failure to register with,
report to, and provide a valid address to law enforcement from June 27,
2011, to July 25, 2011; the second alleged possession of methamphetamine
pipes on August 15, 2011. On October 13, 2011, defendant
admitted the probation violations, and the trial court referred the matter to
the probation department for a recommendation and report.
On December 23, 2011, defendant
was arrested for possession of two hypodermic needles and failure to appear
after release on his own recognizance.
He was released with the promise to appear on March 5, 2012.
On March 5
and August 13, 2012,
the People filed petitions to revoke defendant’s probation. The first alleged failure to report to the probation
department after his release on his own recognizance on December 23, 2011. The second alleged failure to submit a
written report to the probation officer since February 17, 2012; failure
to report to the probation officer for five days after defendant’s arrest on
July 5, 2012; being under the influence of a controlled substance on
July 18, 2012; and possessing drug paraphernalia on the same date.
On December 10,
2012, defendant admitted all pending probation violations. The trial court imposed a two-year sentence
in county jail. The court awarded
defendant 118 days of presentence custody credit (59 days of actual credit and
59 days of conduct credit). The court reimposed
the fines and fees originally imposed, including a $200 restitution fine and a
previously suspended $200 probation revocation restitution fine; a total fine
of $760, comprised of a $200 base fine, a $200 state penalty assessment, a $20
DNA penalty assessment, a $60 DNA penalty assessment, a $100 state court
facilities construction fee, a $140 county penalty assessment, and a $40 state
criminal fine surcharge; a $190 criminal laboratory fee, comprised of $50
pursuant to Health and Safety Code section 11372.5, $50 pursuant to Penal Code
section 1464, $10 pursuant to Penal Code section 1465.7, $5 pursuant to
Government Code section 76104.6, $15 pursuant to Government Code section
76104.7, $25 pursuant to Government Code
section 70372, subdivision (a)(1), and $35 pursuant to Government Code section
76000, subdivision (a)(1); a $40 court operations assessment; and a $30
criminal conviction assessment fee.
We
appointed counsel to represent
defendant on appeal. Counsel 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 by counsel of the right
to file a supplemental brief within 30 days of the date of filing of the href="http://www.mcmillanlaw.com/">opening brief. More than 30 days elapsed, and we received no
communication from defendant. Having
undertaken an examination of the entire record, we find no arguable error that
would result in a disposition more favorable to defendant.
DISPOSITION
The
judgment is affirmed.
ROBIE , J.
We concur:
RAYE , P. J.
HOCH , J.