P. v. Tourdot

Filed 3/6/07 P. v. Tourdot CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. William R. Bailey, Judge. (Retired judge of the Riverside Sup. Ct. assigned by the Chief Justice pursuant to art. VI, 6 of the Cal. Const.) Affirmed.

Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

On November 4, 2004, in case No. SWF009670 the District Attorney of Riverside County, charged defendant with a felony violation of Penal Code section 666, theft with a prior conviction.

On November 9, 2004, defendant, represented by counsel, pled guilty to the Penal Code section 666 charges and admitted that he violated probation in five misdemeanor matters pursuant to a plea bargain (Pen. Code, 1385). Defendant was placed on a formal grant of probation for a period of three years on condition he spend 60 days in the local jail.

Thereafter, on October 17, 2005, defendant was charged in case No. SWF013826 with infliction of unjustifiable physical pain and mental suffering on a child (Pen. Code, 273a, subd. (a), count one) and the infliction of cruel and inhuman corporal punishment and injury on a child (Pen. Code, 273d, subd. (a), count two). The complaint further charged that defendant had violated the terms and conditions of his grant of probation in case No. SWF009670. Thereafter, defendant was arraigned on the allegation of probation violation on November 23, 2005.

On March 17, 2006, following a contested hearing, the trial court found defendant in violation of his probation in case No. SWF009670.

On March 20, 2006, defendant pled guilty to count one (Pen. Code, 273a, subd. (a)) as a misdemeanor in amended case No. SWF013826. In accordance with the plea bargain count two was dismissed pursuant to Penal Code section 1385.

Thereafter, defendants probation in case No. SWF009670 was revoked and defendant was committed to state prison for two years less custody credits.

Pursuant to the plea bargain defendant was also ordered to serve 183 days on case No. SWF13826 concurrent with the time imposed in case No. SWF009670.

Defendant has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493] setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to undertake a review of the entire record.

We offered the defendant an opportunity to file a personal supplemental brief, which he has not done.

We have now concluded our independent review of the record and find no arguable issues.

Disposition

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ

P.J.

We concur:

RICHLI

J.

KING

J.

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