P. v. McLeod

Filed 2/20/07  P. v. McLeod CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

            APPEAL from a judgment of the Superior Court of Los Angeles County.

Eleanor J. Hunter, Judge.  Affirmed.

            Alan Stern, under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and Respondent.

___________________________

            John Major McLeod appeals from the judgment entered following an order revoking his probation and imposing a 16-month state prison sentence as a result of his earlier no contest plea to making a criminal threat.

            On January 19, 2005, McLeod was charged by information with one count of making a criminal threat against Philip Ponte in violation of Penal Code section 422, a felony.  The information also alleged McLeod had personally used a handgun in committing the crime within the meaning of Penal Code section 12022.5, subdivision (a)(1).  The same date, McLeod entered a no contest plea to making a criminal threat.  Imposition of sentence was suspended and McLeod was place on three years of formal probation, subject to numerous terms and conditions.  The trial court imposed a security assessment of $20 and a restitution fine of $200. 

            Following a contested hearing in January 2006 at which a probation officer testified, the court found McLeod in violation of probation for failure to timely complete anger management classes imposed as one of his conditions of probation.^[1]  The court declined to reinstate probation and sentenced McLeod to the lower term of 16 months in state prison and awarded presentence custody credit of 33 days (22 actual days and 11 days of conduct credit).  The court imposed a $20 security assessment, a $200 restitution fine and imposed and stayed a $200 parole revocation fine pursuant to Penal Code section  1202.45.

            We appointed counsel to represent McLeod on appeal.  After examination of the record, counsel filed an â€