P. v. Deggs
Filed 6/25/07 P. v. Deggs CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JOHN DEGGS, Defendant and Appellant. | E041948 (Super.Ct.No. FWV08139) OPINION |
APPEAL from the Superior Court of San Bernardino County. Peter H. Norell and Gerard S. Brown, Judges. Affirmed.
Laura L. Furness, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
I
FACTUAL AND PROCEDURAL BACKGROUND[1]
On August 22, 1995, defendants stepson walked into a police department. The stepson, a minor, reported that defendant had pointed an Intertec nine-millimeter handgun at the stepson. Defendant denied that he pointed the weapon at his stepson and stated that the gun was not loaded. The stepson later recanted the allegation to his probation officer.
On August 24, 1995, the District Attorney of San Bernardino County filed a felony complaint, charging defendant with one count of assault by a machine gun under Penal Code section 245, subdivision (a)(3)[2](count 1) and one count of possession of an assault weapon under section 12280, subdivision (b) (count 2).
On September 6, 1995, defendant, represented by counsel, pleaded guilty to count 2, possession of an assault weapon, in exchange for a dismissal of count 1 and a sentence of felony probation. Additionally, defendant was required to forfeit and destroy the weapon.
On October 18, 1995, defendant was sentenced to three years of supervised probation. The trial court imposed numerous probation terms, including a restitution fine of $200, stayed pending successful completion of probation. The trial court also ordered defendant to report to probation, cooperate with the probation officer, seek and maintain employment, keep the probation officer informed of defendants residence, not leave the state without the written permission of his probation officer, not possess deadly weapons, submit to the searching of his person and place of residence with or without a search warrant, submit to drug testing, and attend anger management classes. Defendant thereafter failed to keep in contact with the probation department.
On April 11, 1996, a petition for revocation of probation and bench warrant were filed in San Bernardino County, alleging defendant had failed to appear for numerous scheduled probation officer appointments. Moreover, defendant had failed to provide his new address to the probation officer and had failed to enroll in an anger management program.
In or around August 2006, defendant was located and arrested on the outstanding warrant. On August 10, 2006, the trial court held defendants probation revocation hearing. Defendant denied violating his probation.
Defendant was interviewed by the probation department on October 13, 2006. Defendant told the probation department that, after he was sentenced to probation, his son was killed, his wife left him, and he became homeless. He moved to Colorado Springs, Colorado, in August of 1997, and returned to California to live with his brother-in-law in August of 2006.
On November 7, 2006, defendant requested a Vickers[3]hearing.
On November 21, 2006, defendant admitted that he violated probation and waived his Vickers hearing. Defendant was released on a Cruz[4]waiver and ordered to appear on November 28, 2006. If defendant appeared on that date, his sentence would be reduced to the low term of 16 months in state prison; otherwise, he would be sentenced to the upper term of three years in state prison.
On November 27, 2006, defendant filed a notice of appeal. He challenged his admitted probation violation and sentencing, as well as the validity of his plea. Defendant also filed a request for a certificate of probable cause. On the same day, defendant filed a petition for relief under sections 1203.4 and 1203.4a alleging that he had fulfilled the conditions of probation or his probation has been discharged prior to termination of probation.
On November 28, 2006, the trial court sentenced defendant to state prison for 16 months, with an award of 31 days of presentence credits. The court also ordered defendant to pay a restitution fine of $200 under section 1202.4, subdivision (b) and a fine of like amount under section 1202.45, suspended unless parole is revoked.
Defendants request for a certificate of probable cause was denied on November 29, 2006.
On December 20, 2006, on this courts own motion, we ordered the notice of appeal filed November 27, 2006, to be deemed to have been timely filed immediately after the judgment entered November 28, 2006, under California Rules of Court, former rule 30.1(b) (now rule 8.308(c)).
III
ANALYSIS
Defendant appealed, and upon his request this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende(1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.
We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.
We have now concluded our independent review of the record and find no arguable issues.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RICHLI
Acting P.J.
We concur:
KING
J.
MILLER
J.
Publication Courtesy of California attorney referral.
Analysis and review provided by Vista Property line attorney.
[1] The factual background is taken from the probation reports.
[2] All statutory references are to the Penal Code unless otherwise specified.
[3]People v. Vickers (1972) 8 Cal.3d 451.
