P. v. Blade

Filed 7/28/06 P. v. Blade CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR

Defendant Miranda Janene Blade appeals from a judgment entered on her guilty plea and following the imposition of sentence upon revocation of her probation. Her counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.)

A complaint was filed on December 21, 2000, charging the defendant with commercial burglary (Pen. Code, § 459), a felony, and possession of drug paraphernalia (Health & Saf. Code, § 11364), a misdemeanor. This complaint arose out of an incident occurring on December 20, 2000, when the defendant attempted to purchase items at a Nordstrom's department store using a stolen credit card. Defendant claimed that she found the card and was using it to buy Christmas presents for her children.

On January 31, 2001, defendant pleaded guilty to the burglary charge, and the paraphernalia charge was dismissed. On June 15, 2001, defendant voluntarily entered into a Johnson[1] waiver, waiving all credit for time spent in local custody or residential treatment, both prospectively and retrospectively, in exchange for being placed on probation. Imposition of sentence was suspended and defendant was placed on supervised probation for three years with the condition that she serve six months in county jail. As a condition of her probation, defendant was required to, among other things, abstain from the use of alcohol and illegal drugs, and enter and successfully complete a residential treatment program.

On April 22, 2003, a petition to revoke probation was filed because defendant had failed to pay her probation supervision fee since April 16, 2002. She also failed to pay restitution and failed to report regularly to her probation officer. On May 14, 2004, defendant appeared for the revocation petition. At the hearing, probation was reinstated and extended to May 14, 2006.

On December 14, 2004, another petition to revoke probation was filed because the defendant tested positive for illegal drugs on four different dates. In addition, the defendant failed to maintain her status on the waiting list for the Casa Ujima residential treatment program and failed to report to her outpatient substance abuse program from November 12 to December 3, 2004. Defendant was also arrested on March 31, 2004, for forgery (Pen. Code, § 470) and on July 27, 2004, for unauthorized use of an identification card and credit cards (Pen. Code, § 530.5). On December 15, 2005, probation was revoked, and on January 20, 2006, she was sentenced to state prison[2].

There was no error in the entry of defendant's plea, the taking of her Johnson waiver, in the conduct of the probation revocation hearing and the finding that defendant violated her probation, or in the sentencing. Further, defendant was represented by counsel at all times. Therefore, there are no meritorious issues to be argued on appeal.

The judgment is affirmed.

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Sepulveda J.

We concur:

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Reardon, Acting P.J.

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Rivera, J.

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[1] A defendant may knowingly and intelligently waive the provisions that require all days of custody be credited to his sentence, including any period of imprisonment as a condition of probation. (People v. Johnson (1978) 82 Cal.App.3d 183, 187-188.)

[2] Defendant received the middle term sentence of two years and received credit for 97 days of time served.