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P. v. Molinelli

P. v. Molinelli
09:16:2007



P. v. Molinelli





Filed 9/12/07 P. v. Molinelli CA2/6



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX



THE PEOPLE,



Plaintiff and Respondent,



v.



ROBERT THEODORE MOLINELLI,



Defendant and Appellant.



2d Crim. No. B197135



(Super. Ct. No. 1145676)



(Santa Barbara County)



Robert Theodore Molinelli appeals an order revoking his probation and imposing a low-term prison sentence of 16 months.



On January 20, 2005, Molinelli pleaded nolo contendere to grand theft. (Pen. Code,  487, subd. (a).) The trial court suspended imposition of sentence, and placed Molinelli on five years' probation with terms and conditions, including $14,017.58 restitution to Hayward Lumber.



On December 15, 2006, the trial court found Molinelli in violation of probation after he admitted violating probation by failing to pay restitution and failing to report to probation. It revoked probation and imposed a prison sentence of 16 months. The trial court awarded Molinelli 229 days of presentence custody credits and imposed a $200 restitution fine and a $200 stayed parole revocation fine. (Pen. Code, 1202.4, subd. (b) & 1202.45.) It also ordered that Molinelli make $13,987.58 restitution to Hayward Lumber.



We appointed counsel to represent Molinelli in this appeal. After counsel's examination of the record, he filed an opening brief raising no issues.



On July 23, 2007, we advised Molinelli that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We have not received a response.



We have reviewed the entire record and are satisfied that Molinelli's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)



The judgment is affirmed.



NOT TO BE PUBLISHED.



GILBERT, P.J.



We concur:



YEGAN, J.



PERREN, J.




Edward H. Bullard, Judge



Superior Court County of Santa Barbara



______________________________



California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.



No appearance for Plaintiff and Respondent.



Publication courtesy of California free legal advice.



Analysis and review provided by Carlsbad Property line attorney.





Description On January 20, 2005, Molinelli pleaded nolo contendere to grand theft. (Pen. Code, 487, subd. (a).) The trial court suspended imposition of sentence, and placed Molinelli on five years' probation with terms and conditions, including $14,017.58 restitution to Hayward Lumber.
Court have reviewed the entire record and are satisfied that Molinelli's attorney has fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.

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