P. v. Stevenson

Filed 8/24/06 P. v. Stevenson CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

Appellant Marvin Frank Stevenson entered a plea of no contest to transporting a controlled substance, methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and other counts were dismissed. On May 16, 2003, appellant was placed on probation with terms and conditions pursuant to Proposition 36 (Pen. Code, § 1210.1.)

Thereafter, a series of probation violations were alleged, most of which were found to be drug-related under Proposition 36. However, an allegation that appellant failed to perform 150 hours of community service as a condition of probation was sustained. Probation was revoked and appellant was sentenced to the midterm of three years in state prison.

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.

Appellant was represented throughout the proceedings by counsel. The evidence supported the finding of the trial court that appellant violated probation. There was no sentencing error or abuse of discretion in committing appellant to state prison.

The judgment is affirmed.

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Reardon, Acting P. J.

We concur:

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Sepulveda, J.

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Rivera, J.

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