P. v. Likens

Filed 3/4/08 P. v. Likens 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Yuba)

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Evidently at the behest of defendant Rick Hank Likens, minor C.V. surreptitiously obtained the keys to his stepmothers car and drove it away with defendant in the passenger seat. C.V. wrecked the car, causing damage to the front bumper, hood, and tire. The stepmother learned of the damage and called the police.

In June 2006 an information was filed charging defendant with unlawful driving or taking of a vehicle. (Veh. Code,  10851, subd. (a).) During the proceedings, he was released on his own recognizance and ordered to appear in court on August 21, 2006. Defendant failed to appear and a bench warrant was issued for his arrest.

The information was amended to allege a count of willful failure to appear on a felony charge. (Pen. Code, 1320, subd. (b).)^[1] Defendant pled guilty to failing to appear, and the unlawful driving or taking charge was dismissed with a Harvey waiver.^[2]

Imposition of sentence was suspended and defendant was placed on probation for three years on the conditions, among others, that he obey all laws and provide the probation officer proof of job searches. The court imposed a restitution fine of $200 ( 1202.4, subd. (b)) and suspended an additional restitution fine in the same amount pending successful completion of probation ( 1202.44). Defendant was also ordered to pay a $20 court security fee. ( 1465.8.)

A petition was filed alleging that defendant violated his probation by, among other things, failing to furnish proof of any job searches, failing to make payments toward his restitution fine, and taking the personal property of another. The trial court found the property allegation true based upon defendants guilty plea in a separate case. Defendant admitted the job search and nonpayment of fine allegations.

Defendant was sentenced to state prison for two years and was awarded 163 days of custody credit and 80 days of conduct . The $200 restitution fine and $20 court security fee were confirmed, the stay on the $200 probation revocation fine was lifted, and a suspended $200 parole revocation fine was ordered. ( 1202.45.)

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 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.

RAYE , Acting P.J.

We concur:

MORRISON , J.

CANTIL-SAKAUYE , J.

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^[1] All further statutory references are to the Penal Code.

^[2]People v. Harvey (1979) 25 Cal.3d 754 (Harvey).