P. v. Beavers
Filed 7/13/06 P. v. Beavers CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. WESLEY BEAVERS, Defendant and Appellant. | A113019 (San Francisco County Super. Ct. No. 196444) |
Wesley Beavers timely appeals from a February 8, 2006 order revoking probation and sentencing him to four years in state prison, as well as from the denial of his motion to continue the hearing to revoke his probation. (Pen. Code, § 1237, subd. (a) [appeal from final judgment on subsequent order].)[1] Beavers' appellate counsel has filed a brief under People v. Wende (1979) 25 Cal.3d 436 identifying no potentially arguable issues. We have reviewed the entire record, and we agree with counsel's assessment that there is no issue warranting further briefing.
A June 14, 2004 complaint charged Beavers with second degree burglary (§§ 459, 460) and with two counts of receiving stolen property (§ 496, subd. (a)). The complaint also alleged four state prison prior convictions (§ 667.5, subd. (b)) for similar crimes, including one for grand theft (§ 487, subd. (a)) and three for attempted second degree burglary (§§ 664, 459, 460).
On August 20, 2004, criminal proceedings were suspended and the case was referred to drug court. On July 25, 2005, Beavers was terminated from drug court and criminal proceedings were reinstated.
On August 4, 2005, Beavers pleaded guilty to second degree burglary and admitted one prior conviction for grand theft. The trial court dismissed the remaining counts and allegations, as well as a drug case pending against Beavers. The plea agreement provided for a sentence of four years in state prison with execution of sentence suspended, one year in county jail, three years probation with drug counseling and testing, and a $200 restitution fine. On September 1, 2005, the court imposed the negotiated sentence and gave Beavers credit for 281 days served.
On November 29, 2005, the district attorney filed a motion to revoke probation based on Beavers' arrest less than three months later for second degree burglary and grand theft. On January 10, 2006, the court set the preliminary hearing on the most recent charges against Beavers concurrently with the motion to revoke Beavers' probation. Defense counsel objected to setting the preliminary hearing and the motion to revoke probation for the same date, citing People v. Coleman (1975) 13 Cal.3d 867 and People v. Jasper (1983) 33 Cal.3d 931 (Jasper). However, we note the trial court had broad authority to revoke probation â€
