P. v. Dunn

Filed 2/21/07  P. v. Dunn 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

            Defendant Calvin Dunn appeals from revocation of his probation following his arrest for burglarizing a pickup truck.  We affirm.

Factual and Procedural Background

            The San Francisco County District Attorney filed a complaint charging defendant Calvin Dunn with first degree burglary (Pen. Code, § 459; count 1),[1] attempted burglary (§§ 459, 664; count 2), damaging and destroying property not his own (§ 594, subd.  (b)(1); count 3), and resisting a peace officer (§ 148, subd. (a)(1); count 4).  Defendant pleaded guilty to count 1 and the remainder of the counts were dismissed.  In May 2005, the trial court sentenced defendant to four years in prison, suspended execution of sentence, and placed defendant on probation for three  years.  As a condition of probation, defendant was required to serve a term of one year in the county jail; the one year could also be served in an appropriate residential drug treatment program.

            On October 19, 2005, the probation department filed a motion to revoke defendant's probation.  The motion stated that â€