P. v. Brackett
Filed 8/24/06 P. v. Brackett CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(San Joaquin)
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| THE PEOPLE, Plaintiff and Respondent, v. DEMOND CHARLES BRACKETT, Defendant and Appellant. | C051596
(Super. Ct. No. MF026663A)
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Defendant Demond Charles Brackett entered a negotiated plea of guilty to battery by gassing. (Welf. & Inst. Code, § 1768.85.) The trial court granted probation subject to certain terms and conditions, including 360 days in jail.
Defendant violated probation by failing to report to the probation officer and failing to enroll in the court-ordered treatment program. Probation was reinstated.
A second violation of probation was filed alleging that defendant failed to report and/or notify the probation officer of his correct living arrangements; failed to obey reasonable directions of the probation officer; and failed to pay his fees and fines. Defendant admitted violating probation with the understanding he would be sentenced to state prison on the underlying offense for two years. The court sentenced defendant accordingly.
Defendant appeals.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we have received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
Disposition
The judgment is affirmed.
DAVIS , J.
We concur:
SCOTLAND , P.J.
HULL , J.
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