Filed 6/21/17 P. v. Figueroa 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO



THE PEOPLE,

Plaintiff and Respondent,

v.

HECTOR JULIO FIGUEROA,

Defendant and Appellant.


E067360

(Super.Ct.No. FVA1301010)

OPINION


APPEAL from the Superior Court of San Bernardino County. Daniel W. Detienne, Judge. Affirmed.
John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL BACKGROUND
On June 14, 2013, a felony complaint charged defendant and appellant Hector Julio Figueroa with lewd act on a child under the age of 14 years (Pen. Code, § 288, subd. (a); counts 1, 2, 4); annoying a child under the age of 18 years (Pen. Code, § 647.6, subd. (a)(1); counts 3, 5); and contact with a minor to commit a sexual offense (Pen. Code, § 288.3, subd. (a); count 6).
On July 24, 2013, defendant pled guilty to count 1, in exchange for dismissal of the remaining charges and a grant of probation with the requirement that he serve 270 days in custody. Defendant was to be sentenced to a six-year suspended sentence. The police report served as the factual basis for defendant’s plea. On August 29, 2013, defendant was placed on probation pursuant to the terms of the plea agreement.
On September 24, 2014, defendant admitted that he was in violation of his probation. The trial court reinstated probation and ordered defendant to serve 365 days in local custody. Defendant agreed to waive past and future conduct credits. Defendant was given credit for 132 days of actual custody credits against the 365 day sentence. In a separate case, defendant also pled no contest to driving a vehicle with a blood alcohol level in excess of .08 percent, in violation of Vehicle Code section 23152, subdivision (b). Defendant was placed on summary probation.
On April 14, 2016, a petition to revoke defendant’s probation was filed. On June 3, 2016, defendant admitted that he was in violation of the terms and conditions of his probation. The parties agreed that he would be sentenced to three years in state prison. On November 30, 2016, defendant was sentenced to three years in prison; he was awarded 599 days of actual custody credits and 90 days of conduct credits. The court also ordered defendant to pay fines and fees.
On December 12, 2016, defendant filed a timely notice of appeal. On December 19, 2016, defendant filed an amended notice of appeal.
DISCUSSION
After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no error.
DISPOSITION
The trial court’s order is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MILLER
Acting P. J.

We concur:

CODRINGTON
J.

FIELDS
J.