P. v. Harris
Filed 7/12/06 P. v. Harris 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY HARRIS, Defendant and Appellant. | A111700 (Alameda County Super. Ct. No. 149031) |
In January 2005, appellant Timothy Harris entered a no contest plea to petty theft with a prior (Pen. Code, §§ 484, 666), and was placed on probation for five years. In May 2005, the district attorney filed a petition to revoke probation based on another petty theft committed on May 12, 2005. Hearing on the violation was held, at which time evidence was adduced that appellant took merchandise from Ancient Ways, a retail store in Oakland, without paying for the merchandise. When apprehended by police after being chased by the store manager, appellant was in the process of throwing the stolen merchandise over a fence. Appellant submitted the alleged probation violation on the basis of the evidence presented at the hearing with the understanding that his sentence would be three years in state prison. He received a three-year sentence.
Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.
Appellant was represented throughout the proceedings by counsel. The evidence adduced at the probation revocation hearing supported a violation of probation. Appellant received the sentence indicated by the trial court.
Judgment affirmed.
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Reardon, J.
We concur:
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Ruvolo, P.J.
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Rivera, J.
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