P. v. Finley
Filed 8/29/08 P. v. Finley 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. JOWELL FINLEY, Defendant and Appellant. | E045423 (Super.Ct.No. SCR46113) OPINION |
APPEAL from the Superior Court of San Bernardino County. Cara D. Hutson, Judge. Affirmed.
Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
This appeal is from an order denying defendants request for modification of his restitution fine, imposed in 1988, and is authorized by Penal Code section 1237, subdivision (b).
statement of the case
An information dated September 23, 1987, charged defendant with possession for sale of phencyclidine, in violation of Health and Safety Code section 11378.5 (count one), of being under the influence of a controlled substance, in violation of Health and Safety Code section 11550 (count 2), and of driving under the influence of alcohol or drugs, in violation of Vehicle Code section 23152, subdivision (a) (count three).
On October 1, 1987, pursuant to Penal Code section 1192.5, defendant, represented by counsel, pled guilty to possession for sale of phencyclidine in exchange for the dismissal of the remaining counts. Thereafter, defendant was placed on a formal grant of probation.
On December 16, 1988, as a consequence of defendants violation of probation, defendant was sentenced to the mitigated term of three years. The court awarded defendant credit for 263 actual days in custody plus 131 days conduct credit. The court also ordered that the previously stayed restitution of $2000 is now imposed.
On February 5, 2008, defendant filed a notice of motion requesting that his $2000 restitution fine be waived or modified. On February 28, 2008, the court denied defendants request.
On March 14, 2008, defendant filed his notice of appeal from the February 27, 2008 order.
Statement of facts
On December 16, 1988, the court ordered defendant to pay $2000 in restitution.
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 the 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:
McKINSTER
J.
GAUT
J.
Publication courtesy of California free legal advice.
Analysis and review provided by Carlsbad Property line Lawyers.
