P. v. Holmes

Filed 6/26/06 P. v. Holmes CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

Appellant's counsel has filed a brief pursuant to People v. Wende (1979) 25

Cal.3d 436, indicating that he found no issues for appeal and asking this court to conduct an independent review of the record. Having done so, we agree that no such issues exist and affirm.

By plea agreement, appellant was convicted of felony grand theft and placed on probation in 2001. In 2004, appellant admitted a violation of probation. Probation was modified to add, inter alia, a condition that he have no contact with Christina Council and stay away from her home at 44 Cameron Way in San Francisco. In 2005, defendant was arrested for being in violation of the restraining order. Following a hearing at which appellant was represented by counsel, the court found him in violation of his probation. Probation was terminated, and appellant was sentenced to the low-term of 16 months in state prison, with 230 actual days of custody credit and 114 days of conduct credit.

Ample evidence supports the court's finding of a violation and its decision to terminate probation. The sentence was a lawful one. We find no issues for appeal.

The judgment is affirmed.

REARDON, J.^*

We concur.

JONES, P. J.

SIMONS, J.

Publication Courtesy of California attorney referral.

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^* Judge of the Superior Court of Alameda County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.