P. v. Vinatieri

Filed 3/28/06 P. v. Vinatieri CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

Appellant Joel Thomas Vinatieri appeals from an order revoking his probation and imposition of a previously suspended state prison sentence. His court-appointed counsel has filed a brief raising no issues and asking this court to independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

PROCEEDINGS BELOW

By a complaint filed on October 19, 2004 in the Solano County Superior Court, appellant was charged with second degree burglary (Pen. Code, § 459),^[1] and it was alleged that he had served a prior prison term (§ 667.5, subd. (b)). On November 18, 2004, appellant pleaded no contest to the charged offense and admitted the prior prison term on the basis of an agreement he would be sentenced to three years in state prison and execution of sentence would be suspended if he was accepted for admission to a residential drug treatment program and successfully completed the program. In consideration of the plea, the district attorney agreed not to file any charges against appellant relating to the burglary of an International House of Pancakes that was then underway. Appellant also agreed that if accepted in a rehabilitation program he would waive all credits he was then entitled to receive.

On February 10, 2005, appellant moved to substitute counsel (People v. Marsden (1970) 2 Cal.3d 118) on the ground of a breakdown in communication. On March 4, 2005, after a hearing, the trial court found there was no â€