P. v. Ivey
Filed 10/5/10 P. v. Ivey 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff
and Respondent,
v.
ANTHONY RAY IVEY, JR.,
Defendant
and Appellant.
E049561
(Super.Ct.No.
FVA027350)
OPINION
APPEAL
from the Superior Court
of San Bernardino
County. Arthur
Harrison, Judge. Affirmed.
John
L Staley, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
On
January 26, 2007, defendant
and appellant Anthony Ray Ivey, Jr., pled guilty pursuant to a plea agreement
to one count of assault with a deadly
weapon. (Pen. Code, § 245,
subd. (a)(1).)[1] That same day, defendant was sentenced to
probation for a period of three years under specified conditions. On October
23, 2009, the trial court found that defendant violated term No. 3,
and his probation was revoked. Defendant
agreed to waive his section 4019 conduct credits, and was sentenced to 365 days
in county jail, with credit for 238 days served.
Defendant
filed a notice of appeal following his
sentencing. We affirm.
FACTUAL
AND PROCEDURAL BACKGROUND
On
October 26, 2006,
defendant was charged with second degree robbery (§ 211, count 1), assault with
a deadly weapon (§ 245, subd. (a)(1), count 2), and second degree commercial
burglary (§ 459, count 3). On December 27, 2006, defendant entered
a plea bargain and pled guilty to count 2.
In exchange, the trial court dismissed counts 1 and 3. On January
26, 2007, defendant was sentenced to three years' probation. His probation conditions included the
requirements that he serve 270 days in county jail (term No. 1), and â€
| Description | On January 26, 2007, defendant and appellant Anthony Ray Ivey, Jr., pled guilty pursuant to a plea agreement to one count of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).)[1] That same day, defendant was sentenced to probation for a period of three years under specified conditions. On October 23, 2009, the trial court found that defendant violated term No. 3, and his probation was revoked. Defendant agreed to waive his section 4019 conduct credits, and was sentenced to 365 days in county jail, with credit for 238 days served. Defendant filed a notice of appeal following his sentencing. Court affirm. |
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