P.
v. Brennan
Filed 7/3/13
P. v. Brennan CA2/6
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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 CALIFORNIA
SECOND APPELLATE
DISTRICT
DIVISION SIX
THE PEOPLE,
Plaintiff
and Respondent,
v.
JAMES THOMAS BRENNAN,
Defendant
and Appellant.
2d Crim. No.
B244380
(Super. Ct. No. BA394829)
(Super. Ct. No. BA399400)
(Los Angeles County)
MODIFICATION
OF OPINION
[No Change in
Judgment]
THE COURT:
It is ordered that the opinion filed herein on June 25, 2012, be modified
as follows:
On the last line of the last paragraph on page 2, after
the words "he was" insert the word "not" so the sentence
will then read:
On September 18, 2012, appellant appeared in court and argued that he was
not given the opportunity to enter a drug treatment program.
No change in judgment.
NOT FOR PUBLICATION
>
Filed 6/25/13 (unmodified version)
NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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 8.111.5.
IN THE COURT OF
APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE
DISTRICT
DIVISION SIX
THE PEOPLE,
Plaintiff
and Respondent,
v.
JAMES THOMAS BRENNAN,
Defendant
and Appellant.
2d Crim. No.
B244380
(Super. Ct. No. BA394829)
(Super. Ct. No. BA399400)
(Los Angeles County)
James Thomas Brennan appeals from a September
18, 2012 order revoking probation and sentencing him to concurrent three-year
state prison terms in case numbers BA394829 and BA399400.
In Case No. BA394829 appellant pled to guilty
possession for sale of cocaine base (Health & Saf. Code, § 11350, subd.
(a)) and admitted suffering two prior strike convictions (Pen. Code,
§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d))
667.5, subd. (b)). Pursuant to an March
15, 2012 open plea agreement, appellant was conditionally released to enroll
and complete a one-year residential drug treatment program at the Los Angeles
Transition Center (LATC).
On April 18,
2012, the trial court issued a bench warrrant after it received a letter from
LATC reporting that appellant was terminated from the program. The trial court recalled the bench warrant on
April 20, 2012, and ordered appellant to
return to LATC and complete the one-year residential program.
On July 19,
2012, appellant was held to answer in case number BA399400 after he was
arrested on new charges of possession of cocaine base (Health & Saf. Code,
§ 11350, subd. (a).) On August 27, 2012, appellant entered a nolo contendre plea to
possession of cocaine base, admitted suffering two prior strike convictions
(§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d))
667.5, subd. (b)), and admitted that he was out on bail in case number BA394829
when he committed the offense (§ 12022.1).
Appellant waived his Arbuckle rights
in both cases (People v. Arbuckle (1978) 22 Cal.3d 749) and was
conditionally released to enroll in and complete a one-year treatment program
at First to Serve. Appellant was ordered
to return to court on August 27, 2013, for probation and
sentencing. The trial court stated that
if appellant successfully completed the one-year residential treatment program,
it would strike the prior strike enhancements in both cases, grant three years
probation in both cases, and award credit for the time appellant was in the
treatment program. Appellant was warned
that "[i]f you don't [complete the residential treatment program], it's an
open plea, and I'm going to send you to prison."
The trial court ordered the sheriff to deliver appellant
to the First to Serve drug residential treatment program but appellant was
dropped off at the Homeless Health Care Center.
On September 7, 2012, the trial court approved
appellant's treatment at the Homeless Healthcare Center and ordered appellant to
return to court on October 16, 2012.
On September
13 2012, motions were filed to revoke probation in Case Nos. BA394829 and
BA399400 after appellant was charged in a third case with possession of
methamphetamine (Case No. BA402534)
On September
18, 2012, appellant appeared in court and argued that he was given the
opportunity to enter a residential drug treatment program. The trial court revoked probation in number
BA394829 and BA399400, found that appellant abandoned the one-year residential
drug treatment program, struck the prior strike enhancements in each case, and
in each case, sentenced appellant to three years state prison and imposed and
stayed the one-year enhancements on the prison prior enhancements (§ 667.5,
subd. (b)). In each case, appellant was
ordered to pay a $240 restitution fine (§ 1202.4, subd. (b)), a $240 parole
revocation fine (§ 1202.45), a $50 lab fee (Health & Saf.
Code, § 11372.5, subd. (a)) a $40 court operations assessment (§ 1465.8), and a
$30 conviction assessment. (Gov. Code, §
70373.) The third case, case number
BA402534, was dismissed pursuant to section 1385.
We appointed counsel to represent appellant
in this appeal. After counsel’s
examination of the record, she filed an opening brief in which no issues were
raised.
On June 4,
2013, we advised appellant that he had 30 days within which to personally
submit any contentions or issues he wished us to consider. On June 17, 2013, appellant filed a
supplemental letter brief, stating among other things, that he was not provided
the opportunity to participate in a residential treatment program and the trial
court erred in revoking probation and sentencing appellant to state prison.
We have reviewed the entire record and are
satisfied that appellant's attorney has fully complied with her
responsibilities and that no arguable issues exist. (People
v. Wende (1979) 25 Cal.3d 436, 443; People v. Kelly (2006) 40
Cal.4th 106, 126.)
The judgments in Case Nos. BA399400 and
BA394829 are affirmed.
NOT TO BE PUBLISHED.
YEGAN,
J.
We concur:
GILBERT, P.J.
PERREN, J.
David M. Horwitz, Judge
Superior Court County of Los Angeles
______________________________
Marilyn Weiss Alper, under appointment by the
Court of Appeal, for Defendant and Appellant.
No appearance for Respondent.
name="_ftn1" title="">[1] All statutory references are to the Penal Code
unless otherwise stated.
name="_ftn2" title="">[2] All statutory references are to the Penal Code
unless otherwise stated.
