P. v. Gutierrez
Filed 7/29/13 P. v. Gutierrez CA2/2
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
SECOND
APPELLATE DISTRICT
DIVISION
TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
WESLEY GUTIERREZ,
Defendant
and Appellant.
B244817
(Los
Angeles County
Super. Ct. No. NA090074)
THE COURT:
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
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.
Defendant spent six months in the
claiming his probation officer told him he could leave to enter a
nonresidential sober living program.
Defendant admitted that he had understood and agreed to the terms of
probation. Defendant’s probation
officers and a Salvation Army administrator testified that defendant had not
obtained consent to leave the program and did not inform the probation
department of his departure.
On October 1,
2012, the trial court found that defendant had willfully violated
the condition of probation, ordered the original sentence executed and served
in the county jail as provided by Penal Code section 1170, subdivision (h), and
awarded defendant a total of 480 days custody credit. The court also ordered defendant to pay
mandatory fines and fees and to register as a narcotics offender upon
release. Defendant filed a timely notice
of appeal.
We have examined the entire record and are satisfied that
defendant’s appellate counsel has fully complied with her responsibilities and
that no arguable issue exists. We conclude that defendant has, by virtue of
counsel’s compliance with the Wende
procedure and our review of the record, received adequate and effective
appellate review of the judgment entered against him in this case. (Smith
v. Robbins (2000) 528 U.S.
259, 278; People v. Kelly (2006) 40
Cal.4th 106, 123-124.)
The judgment is affirmed.
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS.
name="_ftn1" title="">* BOREN,
P.J., Ashmann-Gerst, J., Chavez, J.
