Filed 12/19/19 P. v. Juarez CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

ROMEO JUAREZ,

Defendant and Appellant.

B297253

(Los Angeles County

Super. Ct. No. TA137603)

THE COURT:

Defendant and appellant Romeo Juarez (defendant) appeals from the judgment which was entered after he violated probation. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On October 15, 2019, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. That time has elapsed, and defendant has submitted no brief or letter. We have reviewed the entire record, and finding no arguable issues, affirm the judgment.

In 2015, defendant was charged with second degree robbery. He entered into a plea agreement in which he pled no contest to the charge. Imposition of sentence was suspended and he was placed on formal probation for 36 months under specified conditions. Conditions included spending 365 days in a residential drug treatment program at the Midnight Mission and 67 days in county jail, with custody credit in that amount.

In January 2016, defendant’s probation was revoked, and defendant admitted that he had violated probation by failing to complete the drug program and to follow program rules. The court reinstated defendant’s probation on February 4, 2016, and ordered him to complete the program and to serve another 60 days in county jail. Defendant’s probation was again revoked in December 2016, after he was terminated from the Midnight Mission. On April 4, 2017, defendant admitted the violation and the trial court reinstated his probation on condition he serve 200 days in county jail, with credit for 64 days. He was not ordered to return to drug treatment. In August 2017, probation was again revoked and defendant admitted the violation. The court reinstated probation and ordered defendant to serve an additional 30 days in custody, with credit for 10 actual days and five days of conduct credit, to run concurrently with the sentence in case No. 7CS03782.

Probation was revoked again in March 2018. At that time defendant had an open misdemeanor case (No. 8TR00215), in addition to felony case No. BA466470. The probation violation hearing was continued several times before being called on February 13, 2019. At that time, the parties agreed upon a global disposition. Under the agreement, defendant admitted the probation violation based upon his failure to obey all laws in this case and was sentenced as agreed to three years in prison. Felony case No. BA466470 was dismissed in the interest of justice. Defendant was given 568 combined days of custody credit, modified on December 5, 2019, by nunc pro tunc order to 529 actual days and nine days of conduct credit, for a combined total of 608 days. The trial court imposed a $300 probation violation fine to be deducted from prison wages, as well as previously imposed fines and fees. Defendant filed a timely notice of appeal from the judgment.

We have examined the entire record and are satisfied that defendant’s appellate counsel has fully complied with her responsibilities and that no arguable issue exists. We conclude that defendant has, by virtue of counsel’s 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, 123-124.)

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

____________________________________________________________

LUI, P. J. ASHMANN-GERST, J. CHAVEZ, J.