THE PEOPLE v. LEONARD ROBINSON (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Defendant Leonard Robinson appeals from the postjudgment order revoking probation and sentencing him to two years in state prison.

On July 17, 2009, defendant entered a negotiated plea of no contest to possession for sale of a controlled substance (Heath & Saf.Code, § 11378) after he was found in possession of 90 pills of Methylenedioxymethamphetamine (Ecstasy) during a traffic stop.   Imposition of sentence was suspended and defendant was placed on three years of formal probation on condition he serve 120 days in county jail.   Defendant was also ordered not to use or possess any narcotics, dangerous or restricted drugs or associated paraphernalia, except with a valid prescription.

On January 13, 2010, defendant's probation was summarily revoked and a bench warrant was issued for his arrest after the trial court was informed that defendant had absconded from probation.   On March 11, 2010, defendant appeared in court, and the bench warrant was recalled.   On March 29, 2010, the trial set a probation revocation hearing for April 14, 2010.

At the April 14, 2010 hearing, defendant admitted he had violated probation and waived “all back time” (presentence custody credit).   The trial court sentenced defendant to the middle term of two years in state prison, suspended execution of sentence and reinstated defendant on three years formal probation.

On February 25, 2011, defendant admitted he had violated probation by testing positive for marijuana on three occasions.   The court declined to reinstate probation and ordered executed the previously stayed two-year state prison sentence for possession for sale of a controlled substance.¹  The court ordered defendant to pay a $20 court security fee, a $30 critical needs fine, a $50 lab fee and a $200 restitution fine.   The court imposed a parole revocation fine pursuant to Penal Code section 1202.45.   Defendant was awarded no presentence custody credit.

On March 7, 2011, defendant filed a notice of appeal from the judgment and order revoking his probation.

We appointed counsel to represent defendant on appeal.

After examination of the record counsel filed an opening brief in which no issues were raised.   On September 2, 2011, we advised defendant he had 30 days within which to personally submit any contentions or issues he wished us to consider.   No response has been received to date.

We have examined the entire record and are satisfied defendant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist.  (Smith v. Robbins (2000) 528 U.S. 259, 277–284 [120 S.Ct. 746, 145 L.Ed.2d 756];  People v. Kelly (2006) 40 Cal.4th 106;  People v. Wende (1979) 25 Cal.3d 436, 441.)

The postjudgment order revoking probation and imposing a state prison sentence of two years is affirmed.

We concur:  

FOOTNOTES

FN1. The remaining count of sale of a controlled substance (Health & Saf. § 11379, subd. (a)) was dismissed in the interests of justice..  FN1. The remaining count of sale of a controlled substance (Health & Saf. § 11379, subd. (a)) was dismissed in the interests of justice.

PERLUSS, P.J. ZELON, J.