P. v. Boesman
David James Boesman appeals from a judgment entered following his no contest plea to second degree robbery (Pen. Code, 211). Pursuant to his negotiated plea, the allegation that he personally used a firearm within the meaning of Penal Code section 12022.53, subdivision (b) was dismissed. He was sentenced to the middle term of three years, execution of the sentence was suspended, and he was placed on formal probation for three years under certain terms and conditions. Included in the conditions of probation, he was ordered to serve 365 days in jail and given credit for 365 days served, to submit to drug and alcohol testing at the direction of the probation department and ordered not to consume alcoholic beverages. He appealed, challenging the imposition of drug and alcohol conditions as terms of his probation.
Court have examined the entire record and are satisfied that no arguable issues exist. In view of appellants history, imposition of conditions of probation that he abstain from alcohol and drugs and submit to drug and alcohol testing were reasonably related to his future criminality and within the sound discretion of the trial court. (See People v. Balestra (1999) 76 Cal.App.4th 57, 83-84; People v. Lent (1975) 15 Cal.3d 481, 486.) Appellant has, by virtue of counsels compliance with the Wende procedure and our review of the record, received adequate and effective appellate review of the judgment entered against him in this case. (Smith v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
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