Filed 7/31/17 P. v. Nelson 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

TARIK JAMAL NELSON,

Defendant and Appellant.
H044272
(Santa Clara County
Super. Ct. No. B1471913)
Defendant Tarik Jamal Nelson pleaded no contest to one count of felony forgery. The trial court suspended imposition of sentence and placed defendant on three years’ probation. When defendant admitted to violating his probation, the court imposed a sentence of two years in county jail.
Defendant’s counsel filed an opening brief in which no issues are raised and asked this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). We notified defendant of his right to submit a written argument on his own behalf. He has not done so.
After independent review of the record, we conclude that there are no arguable issues on appeal. As required by People v. Kelly (2006) 40 Cal.4th 106, 110, we will provide “a brief description of the facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed.” We will further include information about aspects of the trial court proceedings that might become relevant in future proceedings. (Id. at p. 112.)
I. FACTUAL AND PROCEDURAL BACKGROUND
In August 2013, defendant wrote out and cashed two checks payable to himself drawn on the victim’s Wells Fargo account. One check was in the amount of $534.61; the other, $1,417.78.
Defendant was charged by felony complaint with two counts of forgery (Pen. Code, § 470, subd. (d)) on March 25, 2014. On January 9, 2015, defendant pleaded no contest to one count of felony forgery in return for the dismissal of the second count of forgery. His plea agreement included a “Harvey[ ] stipulation,” stating “I agree that the Court can consider dismissed counts at sentencing, including by ordering me to pay restitution to any victim(s) in dismissed count(s).”
On February 5, 2015, the trial court suspended imposition of sentence and placed defendant on formal probation for three years, as called for by the plea agreement. The court also ordered defendant to complete 150 hours of community service and to pay $1,952.39 in restitution to Wells Fargo Bank.
Defendant’s probation was revoked and a bench warrant for his arrest was issued on February 18, 2016. According to the petition for modification of terms of probation, defendant violated his probation by failing to notify the Probation Department of his current address; failing to make himself available for search; failing to provide proof of education, vocational training, or employment; and failing to provide proof of completion of community service.
Defendant admitted to violating his probation at a hearing on September 19, 2016. At that time, the court imposed the middle term sentence of two years to be served in county jail pursuant to section 1170, subdivision (h). (Pen. Code, §§ 473, subd. (a); 1170, subd. (h)(1).) The court also ordered “[n]o early release programs, no CASU[ ], and no blending of sentence because of the defendant’s performance on probation.”
Defendant timely appealed.
II. DISCUSSION
Having examined the entire record, we conclude that there are no arguable issues on appeal.
III. DISPOSITION
The judgment is affirmed.




_________________________________
ELIA, ACTING P.J.

WE CONCUR:



_______________________________
BAMATTRE-MANOUKIAN, J.



_______________________________
MIHARA, J.