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P. v. Darby CA2/5

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P. v. Darby CA2/5
By
12:30:2017

Filed 10/25/17 P. v. Darby CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE


THE PEOPLE,

Plaintiff and Respondent,

v.

DESHAWN DWAYNE DARBY,

Defendant and Appellant.
B280992

(Los Angeles County
Super. Ct. No. BA417891)

APPEAL from an order of the Superior Court of Los Angeles County. Douglas W. Sortino, Judge. Affirmed.
Paul R. Kraus, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
___________________________

Defendant and appellant DeShawn Darby was placed on formal probation in January 2014, with execution of a five-year prison sentence suspended. One of defendant’s probation conditions required him to obey all laws. Defendant appeals from the revocation of his felony probation after a formal revocation hearing and execution of a stayed five-year prison term. We affirm.
Counsel was appointed to represent defendant on appeal. Appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d436, on August 15, 2017, raising no issues but requesting this court to independently examine the appellate record for arguable contentions. Defendant was advised on his right to file a supplement letter brief.
On September 10, 2017, defendant filed his supplemental brief. We have examined each of defendant’s contentions, and find them entirely without merit.
We have completed our independent review of the record and conclude appellate counsel has fulfilled his obligations and there are no arguable appellate contentions. Probation was revoked following a formal violation hearing at which witnesses provided substantial evidence of defendant’s commission of a hit and run following his traffic collision involving two other occupied vehicles. The sentence imposed was consistent with the suspended state prison sentence of five years.

The judgment is affirmed. (Smith v. Robbins (2000) 528 U.S. 259.)


KRIEGLER, Acting P.J.

We concur:



BAKER, J.



RAPHAEL, J.




Description Defendant and appellant DeShawn Darby was placed on formal probation in January 2014, with execution of a five-year prison sentence suspended. One of defendant’s probation conditions required him to obey all laws. Defendant appeals from the revocation of his felony probation after a formal revocation hearing and execution of a stayed five-year prison term. We affirm.
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