P. v. Howard

Filed 7/21/06 P. v. Howard 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

THE PEOPLE,

Plaintiff and Respondent, A112803

v. (Contra Costa Co.

Super. Ct. No. 5-032468-1)

FRANKLIN T. HOWARD,

Defendant and Appellant.

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Franklin T. Howard appeals from an order granting him probation. His counsel on appeal has filed an opening brief that asks this court to conduct an independent review of the record as is required by People v. Wende (1979) 25 Cal.3d 436.

In December 2004, a jury convicted appellant on two counts of assaulting a police officer, (Pen. Code, § 245, subd. (c))^[1] and one count of resisting an executive officer. (§ 69.)

In March 2005, the court suspended the imposition of sentence and placed appellant on probation.

In April 2005, a motion to revoke was filed alleging appellant had tested positive for methamphetamine. Appellant admitted the violation, and on May 3, 2005 the court reinstated probation on the condition that appellant transfer to â€