P. v. Westin
Filed 12/17/12 P. v. Westin CA2/4
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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 FOUR
THE
PEOPLE,
Plaintiff and Respondent,
v.
BRUCE
WESTIN,
Defendant and Appellant.
B241295
(Los Angeles County
Super. Ct. No. SA061160)
APPEAL from a judgment of the Superior
Court for Los
Angeles County, James R. Dabney, Judge.
Appeal dismissed.
Murray A. Rosenberg, under appointment
by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and
Respondent.
Defendant
Bruce Westin, who was on probation following his conviction of felony
(a)), was found to be in violation of his probation on July
19, 2011. The trial judge revoked and reinstated his
probation, on condition that he serve 45 days in county jail and submit to
periodic narcotics testing. Defendant
appealed, and we affirmed the order in case No. B234855. On April 13, 2012, the trial court remanded defendant
to serve his 45-day county jail sentence.
Defendant filed a notice of appeal
from the April 13, 2012 order, and his appointed counsel
filed an opening brief under People v.
Wende (1979) 25 Cal.3d 436. We
conclude that the order that defendant purports to appeal is not an appealable
order. The order is analogous to an
order to execute a sentence that had been imposed and stayed pending appeal; if
the imposition of the sentence is affirmed on appeal, the subsequent order to
execute the sentence is not appealable.
We therefore dismiss defendant’s appeal.
DISPOSITION
The appeal is dismissed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
WILLHITE,
J.
We concur:
EPSTEIN, P. J. MANELLA, J.
