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The People v. Julius Rucks

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte)


February 3, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JULIUS RUCKS, DEFENDANT AND APPELLANT.

(Super. Ct. Nos. CM030449, CM031539, CM032171)

The opinion of the court was delivered by: Murray ,j.

P. v. Rucks CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.*fn1 Having reviewed the record as required by Wende, we affirm the judgment.

On January 4, 2009, defendant was found in possession of cocaine. He pled no contest in Yuba County case No. CRF09-0021 to possession of a controlled substance (Health & Saf. Code, § 11350)*fn2 and was placed on Proposition 36 drug treatment probation. The matter was subsequently transferred to Butte County and renumbered case No. CM031539.

On January 21, 2009, defendant was found in possession of methamphetamine. Defendant pled no contest in Butte County case No. CM030449 to possession of a controlled substance (§ 11377, subd. (a)) and was placed on Proposition 36 drug treatment probation.

On January 21, 2010, defendant was found in possession of rock cocaine and a cell phone with text messages inquiring about purchasing narcotics from him. Defendant pled no contest in Butte County case No. CM032171 to possession of cocaine base for sale. (§ 11351.5.) As part of the plea, it was stipulated that he would receive a maximum aggregate sentence of five years four months in all three cases.

Based on defendant's plea in case No. CM032171, the trial court found defendant in violation of his probation in both case No. CM031539 and case No. CM030449. Probation in both cases was revoked and defendant was sentenced to an aggregate sentence of five years four months as follows: the midterm of four years for violation of section 11351.5 in case No. CM032171; a consecutive one-third the midterm (eight months) for violation of section 11377, subdivision (a), in case No. CM030449; and a consecutive one-third the midterm (eight months) for violation of section 11350 in case No. CM031539.

Defendant was awarded 120 actual days and 120 conduct days of custody credit in case No. CM032171, and one day each in cases Nos. CM030449 and CM031539. The trial court affirmed fines and fees previously ordered and, in each case, ordered drug laboratory and program fees, restitution fines, criminal justice administration fees, security fees, and conviction assessment fees.

Defendant appeals. He did not obtain a certificate of probable cause. (Pen. Code, § 1237.5.)

Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur:

RAYE , P.J.

BUTZ ,J.


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