P. v. Calvin

Filed 9/6/06 P. v. Calvin 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 an order of the Superior Court of Los Angeles County.

Carol H. Rehm, Judge. Affirmed.

John P. Dwyer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Barbara Calvin appeals from an order revoking probation and imposing a previously suspended two-year state prison sentence for cocaine possession (Health & Saf. Code, § 11350).

Calvin originally pleaded guilty to cocaine possession on July 14, 2004, as part of a negotiated plea and was granted three years of formal probation on condition she serve 60 days in county jail.

On August 18, 2005, Calvin admitted she had violated her probation. The court sentenced her to two years in state prison, suspended execution of the sentence, and revoked and reinstated probation as modified to require completion of a 12-month residential treatment program.

On October 18, 2005, the probation department notified the court Calvin had absconded from her residential treatment program. Her probation was summarily revoked and a bench warrant was thereafter issued after Calvin failed to appear in court. A contested probation violation hearing was held on November 18, 2005. The court found Calvin in violation of her probation, revoked and terminated probation, and imposed the previously suspended two-year sentence. Calvin filed a notice of appeal.

We appointed counsel to represent her on appeal.

After examination of the record counsel filed an â€