P. v. Juarez
Ralph Juarez appeals from the judgment entered after he pleaded guilty to possession of heroin (Health & Saf. Code, 11350, subd. (a)), driving under the influence of alcohol and with a blood alcohol level of 0.08 or more (Veh. Code, 23152, subds. (a) & (b)), vehicular evasion of a peace officer (Veh. Code, 2800.1, subd. (a)), and driving on a suspended license (Veh. Code, 14601.2, subd. (a)). He also admitted violating his probation in a prior case in which he was convicted of petty theft with a prior conviction (Pen. Code, 484, 666) by failing to report to his probation officer, and his probation was revoked. Pursuant to his plea and admission, he was sentenced to two years eight months in state prison, consisting of the midterm of two years on the possession count plus eight months (one-third of the midterm) on the petty theft with a prior conviction giving rise to his probation violation. Concurrent sentences were imposed on the remaining counts. The parties stipulated that Juarez had served his sentence in county jail, and the court accordingly ordered him released from custody pursuant to Penal Code section 1170, subdivision (a)(3). Because Juarez pleaded guilty and admitted the probation violation, the facts are derived from the probation officer's report. On August 15, 2005, Juarez pleaded guilty to petty theft with a prior conviction and admitted a prior prison term pursuant to Penal Code section 667.5, subdivision (b). Imposition of sentence was suspended and he was placed on three years formal probation, including conditions that he serve 273 days in county jail and refrain from using drugs. On August 25, 2005, probation was modified and Juarez was ordered to enter a residential drug treatment program by September 14, 2005. Juarez tested positive for opiates on August 30, 2005, and thereafter failed to report to his probation officer. A warrant for his arrest was issued on September 16, 2005, and he failed to appear for a court hearing on September 29. Court have examined the entire record and are satisfied that Juarez's attorney has fully complied with his responsibilities of counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly (2006) 40 Cal.4th 106, 112-113; People v. Wende (1979) 25 Cal.3d 436, 441.) The judgment is affirmed.
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