P. v. Martin
Filed 7/31/07 P. v. Martin CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. ANTHONY CURTIS MARTIN, Defendant and Appellant. | H030812 (Monterey County Super. Ct. No. SS051107) |
Defendant Anthony Curtis Martin was charged by information with inflicting corporal injury on a cohabitant (Pen. Code, 273.5, subd. (a)).[1] The information also alleged that defendant had served two prior prison terms. ( 667.5, subd. (b).) On May 26, 2005, defendant appeared with counsel, entered a no contest plea to the new offense, and admitted the prior prison term allegations, with the understanding that his maximum possible sentence was six years. At the same hearing he admitted violating his probation in an unrelated drug case.
The probation report stated that defendant had a criminal history dating back to 1983, which included eight prior felony convictions. It also stated that defendants prior performance on probation was unsatisfactory. The report recommended that probation be denied and that defendant be committed to state prison for the term prescribed by law. On June 23, 2005, the court sentenced defendant to six years in state prison, suspended execution of the sentence, and placed defendant on probation for five years with various terms and conditions. At the same hearing the court revoked and reinstated probation in the unrelated drug case.
The probation officer filed a petition pursuant to section 1203.2 on January 18, 2006, seeking modification of the terms and conditions of defendants probation. The petition alleged that defendant violated his probation by failing to report to the probation officer and by failing to enroll in the Charis Education Batterers program. On March 2, 2006, defendant appeared with counsel and admitted the allegations in the petition.
The probation report recommended that the previously suspended sentence be imposed. On March 23, 2006, the court imposed the previously suspended sentence of six years in state prison. The sentence consists of the upper term of four years for the new offense plus one year for each of the two prison priors.
Defendant filed a notice of appeal on January 4, 2007, after this court granted his motion for relief from default due to the failure to timely file a notice of appeal. We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief which states the case and facts but raises no issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That time has elapsed and we have received no response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
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Bamattre-Manoukian, ACTING P.J.
WE CONCUR:
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MIHARA, J.
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MCADAMS, J.
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[1] Further statutory references are to the Penal Code.
