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P. v. Millan

P. v. Millan
02:03:2014





P




 

 

 

 

P. v. Millan

 

 

 

 

 

 

 

Filed 5/1/13  P. v. Millan CA4/1











>NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.

 

COURT
OF APPEAL, FOURTH APPELLATE DISTRICT

 

DIVISION
ONE

 

STATE
OF CALIFORNIA

 

 

 
>






THE PEOPLE,

 

            Plaintiff and Respondent,

 

            v.

 

MIGUEL A. MILLAN,

 

            Defendant and Appellant.

 


  D062562

 

 

 

  (Super. Ct.
Nos. SCN268130,    SCN233183 &
SCN264484)


 

            APPEAL from
a judgment of the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">San Diego
County, K. Michael Kirkman, Judge.  Affirmed.

           

            In 2009,
the court placed Miguel A. Millan on three years' probation for burglary (Pen.
Code, § 459; case No. SCN233183) and receiving stolen property (>Id.,
§ 496, subd. (a); case No. SCN264484). 
In 2010, the court placed him on three years' probation for first degree
burglary (Id.,
§§ 459 & 460; case No. SCN268130). 
In June 2012, the court summarily revoked probation in all three
cases.  In July, the court reinstated
probation for three years and suspended execution of a four-year prison
sentence:  the four-year middle term in
No. SCN268130 and concurrent two-year middle term sentences in each of the
other two cases.  Millan appeals.

BACKGROUND

            On April 6, 2012, sheriff's deputies
stopped a car Millan was driving.  Law
enforcement officers conducted a probation search at a residence and, on a
dresser in a bedroom, found a methamphetamine pipe containing .02 grams of
methamphetamine.  Also in the bedroom
were photographs, documents and a passport, all belonging to Millan.  The officers arrested Millan for possessing a
controlled substance (Health & Saf. Code, § 11377, subd. (a)) and href="http://www.fearnotlaw.com/">possessing drug paraphernalia (>Id.,
§ 11364). 

DISCUSSION

            Appointed appellate counsel has
filed a brief summarizing the facts and proceedings below.  Counsel presents no argument for reversal,
but asks this court to review the record for error as mandated by >People
v. Wende
(1979) 25 Cal.3d 436 (Wende).  Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel mentions as possible, but not arguable,
issues:  (1) whether there was sufficient
evidence to support the summary revocation of probation; (2) whether counsel's
stipulation regarding laboratory test results fell under Proposition 115, if
the stipulation was used as a basis for the probation revocation evidentiary
hearing; (3) whether the court committed prejudicial error in admitting
evidence of methamphetamine
found in the passenger's purse; and (4) whether 0.2 grams of
methamphetamine is
enough to meet the standard for revocation of probation, when Drug Enforcement
Administration guidelines state that a usable amount is 0.05 grams. 

            We granted Millan permission to file a brief
on his own behalf.  He has not
responded.  A review of the record
pursuant to Wende and >Anders, including the possible issues
listed pursuant to Anders, has
disclosed no reasonably arguable appellate issues.  Millan has been competently represented by counsel on this
appeal. 

DISPOSITION

            The
judgment is affirmed.

 

                                                           

McCONNELL,
P. J.

 

WE CONCUR:

 

 

                                                           

HALLER, J.

 

 

                                                           

IRION, J.

 







Description In 2009, the court placed Miguel A. Millan on three years' probation for burglary (Pen. Code, § 459; case No. SCN233183) and receiving stolen property (Id., § 496, subd. (a); case No. SCN264484). In 2010, the court placed him on three years' probation for first degree burglary (Id., §§ 459 & 460; case No. SCN268130). In June 2012, the court summarily revoked probation in all three cases. In July, the court reinstated probation for three years and suspended execution of a four-year prison sentence: the four-year middle term in No. SCN268130 and concurrent two-year middle term sentences in each of the other two cases. Millan appeals.
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