P. v. Sibley
Filed 6/21/06 P. v. Sibley 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. AHMAD SIBLEY, Defendant and Appellant. | A112219 (Alameda County Super. Ct. No. C148942) |
Ahmad Sibley appeals from a final judgment of conviction after revocation of probation and lift of a stay of execution of sentence. His court-appointed attorney has filed a brief raising no issues and asking this court to conduct an independent review pursuant to People v. Wende (1979) 25 Cal.3d 436.
On February 25, 2005,[1] appellant pled no contest to felony possession of cocaine base (Health & Saf. Code, § 11351.5),[2] admitted the truth of a weight enhancement allegation (Pen. Code, § 1203.073, subd. (b)(5)), a three-year prior prison term (§ 11370.2, subd. (a)), and admitted the truth of three prior convictions: possession of drugs for sale in 2004 (§ 11351.5), simple possession of drugs in 2003 (§ 11350, subd. (a)), and possession of marijuana for sale in 1997 (§ 11359), the last two convictions also constituting one-year prison priors pursuant to Penal Code section 667.5, subdivision (b). On April 8th, appellant was sentenced to ten years in prison (five years on the substantive charge, three years for the possession for sale drug prior, and one year each for the two prison priors). Execution of this sentence was suspended and appellant placed on formal probation for a period of five years with various conditions, including that he obey all laws, successfully complete the CURA Residential Drug Treatment Program; and stay 100 yards away from the 1300 block of 83rd Avenue in Oakland.
On August 4th, appellant's probation was revoked and a bench warrant issued for his arrest. At the conclusion of the revocation hearing held on November 3rd, appellant was found to have violated the terms of probation and suspension of the ten-year prison sentence was lifted. The trial court struck the weight enhancement allegation and awarded a total of 319 days credit.
This appeal, which was timely filed, is authorized by Penal Code section 1237.
The facts relating to the revocation of probation are as follows. Angelito Kemp, intake admission director of the CURA drug rehabilitation program, testified that appellant was first admitted to the program, and placed in the Fremont facility, on April 22nd. He was discharged from the program a month later (for an impropriety not disclosed by the record), but reinstated and placed in the Oakland facility on June 3rd.
On July 30th, appellant attended a baseball game at the Oakland Coliseum with a group from the CURA program, and was assigned a partner with whom he was required to remain. Appellant later returned to the program facility without his partner, which was a violation of program rules. Program staff, who believed appellant was acting strangely, required him to submit to drug testing, which disclosed that he had consumed alcohol, also a program violation. Appellant admitted the violation.
At the close of the lengthy revocation hearing, and against the advice of defense counsel, appellant took the stand and attempted to persuade the court that the narcotics found in his car (which was the underlying offense to which he pled no contest on February 25th) was not his. According to appellant, he was â€
