Filed 5/16/17 P. v. Carney CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT


THE PEOPLE,

Plaintiff and Respondent,

v.

STACIA LYNN CARNEY,

Defendant and Appellant.
H044138
(Santa Clara County
Super. Ct. No. B1368637)

Defendant Stacia Lynn Carney pleaded no contest to attempt to obtain a controlled substance by fraud (Pen. Code, § 664; Health & Saf. Code, § 11173, subd. (a)). Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d. 436 (Wende) on behalf of defendant. Defendant was notified of her right to submit written argument on her own behalf, but she has failed to avail herself of the opportunity. We affirm the judgment.

I. Factual and Procedural Background
On September 17, 2013, defendant went to a medical clinic for an appointment. After she left, the physician discovered that his prescription pad was missing. The following day, a pharmacy contacted the clinic to verify a prescription for defendant. It was determined that the prescription for defendant was incorrect. A prescription drug transaction report listed 91 records for defendant. After defendant was located at a residential treatment program, she admitted that she took the missing prescription pad and obtained several forged prescriptions.
On September 25, 2013, defendant was charged by felony complaint with two counts of attempt to obtain a controlled substance by fraud (Pen. Code, § 664; Health & Saf. Code, § 11173, subd. (a)), two counts of second degree burglary (Pen. Code, §§ 459, 460, subd. (b)), and one count of attempt to obtain a narcotic with a forged or altered prescription (Pen. Code, § 664; Health & Saf. Code, § 11368).
On March 27, 2014, the trial court reviewed the waiver of rights form that defendant had completed. Defendant acknowledged that she had read and understood everything in the form and that she had initialed and had signed the form. Defendant pleaded no contest to attempt to obtain a controlled substance by fraud in exchange for dismissal of the remaining charges.
On September 11, 2014, the trial court suspended imposition of sentence and placed defendant on probation for three years. The remaining charges were dismissed.
On May 18, 2015, defendant was given the option to enroll in a residential drug treatment program. Defendant objected to the placement. About a week later, defendant tested positive for heroin and methamphetamine.
A petition for modification of the terms of probation, dated June 2, 2015, alleged that defendant tested positive for methamphetamine and opiates/heroin on April 7, 2105, April 21, 2015, and May 26, 2015, positive for methamphetamine on May 18, 2015, and positive for benzodiazepines on April 7, 2015, and May 26, 2015. It was also alleged that defendant tampered with the electronic monitoring device on October 5, 2014, and she tested positive for amphetamines, methamphetamine, benzodiazepines, diazepam, nordiazepam, oxazepam, and temazepand on October 10, 2014, and October 24, 2014.
On June 18, 2015, defendant’s probation was revoked.
On September 3, 2015, defendant appeared in court with counsel. Defendant rejected the trial court’s offer to enroll in a residential drug treatment program. She chose to serve the remaining 12 days of her six-month sentence in county jail.
On June 6, 2016, the probation officer notified defendant that a probation violation hearing was scheduled for June 23, 2016. It was alleged that defendant had been arrested and/or convicted on a new charge and she had tested positive for drugs or alcohol.
On June 23, 2016, defendant appeared in court with counsel. The probation officer stated that she had been arrested on June 20, 2016, for Health & Safety Code sections 11350, subd. (a) (possession of a controlled substance), 11377, subdivision (a) (possession of a controlled substance), and 11364 (possession of drug paraphernalia). The case was continued.
On July 20, 2016, after defendant waived her rights, she admitted that she had violated the terms of probation. The trial court sentenced defendant to one year in prison. The trial court stated that defendant had total credits of 249 days (125 days of actual credit and 124 days of credit under Penal Code section 4019). Defendant was also advised that even though she would serve her sentence in Santa Clara County, the sentence would be considered a prior state prison term under Penal Code section 667.5. The trial court lifted the suspension of the $280 restitution fund fine under Penal Code section 1202.44 and commuted the remaining fines and fees.
Defendant filed a timely notice of appeal based on grounds occurring after entry of her plea and did not challenge the validity of the plea.
Pursuant to Wende, supra, 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

II. Disposition
The judgment is affirmed.






_______________________________
Mihara, J.



WE CONCUR:






_____________________________
Elia, Acting P. J.






_____________________________
Bamattre-Manoukian, J.