P. v. Nitschke
Filed 8/25/06 P. v. Nitschke CA1/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE
| THE PEOPLE, Plaintiff and Respondent, v. WILLIAM NITSCHKE, Defendant and Appellant. | A113507 (Solano County Super. Ct. No. VCR 179248) |
Defendant William Nitschke appeals from a judgment and sentence of three years in state prison. Defendant's counsel filed an opening brief that raises no issues and asks this court for an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436. We have reviewed the record on appeal and find that there are no meritorious issues to be briefed or argued.
Background
On September 19, 2005, defendant executed a written waiver of constitutional rights and pleaded no contest to possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a). He also admitted three prior prison term enhancement allegations under Penal Code section 667.5, subdivision (b). The written waiver form agreement contained a promise that the sentence could not exceed three years and defendant would be screened for a residential drug treatment program. The court placed defendant on three years formal probation, imposed 180 days in county jail, and required defendant to complete a program at Genesis House, a program defendant requested. The court also imposed a restitution fine of $200 pursuant to Penal Code section 1202.4, subdivision (b).
On December 14, 2005, Genesis House informed the probation department that defendant had abruptly left the program. On January 18, 2006, the court summarily revoked probation and issued a bench warrant.
After his arrest on the warrant, defendant executed a written waiver admitting a violation of probation by failing to complete the residential drug treatment program. The court sentenced the defendant to the middle term of two years for possession of methamphetamine, and imposed one year consecutive under Penal Code section 667.5, subdivision (b) for an aggregate sentence of three years. Appropriate custody credits were given.
Discussion
Defendant did not obtain a certificate of probable cause to appeal pursuant to Penal Code section 1237.5. Moreover, his written admission of probation violation and waiver of rights signed on March 7, 2006 contained a waiver of the right to appeal that he initialed when he was represented by counsel.
The trial court imposed and â€
