(Super. Ct. Nos. CM023344 & CM031756)
The opinion of the court was delivered by: Murray , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Wende). Having reviewed the record as required by Wende, we affirm the judgment.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110.)
In 2005, defendant Jason Thomas Edwards invited a 13-year-old female to his residence, then obtained crack cocaine and provided it to her to smoke. He pleaded no contest to furnishing a controlled substance to a minor (Health & Saf. Code, § 11380, subd. (a)) in case No. CM023344 based on these events. Defendant was not sentenced until 2008, at which time he waived credits for his previous time in custody and at a residential treatment program, and was placed on probation.
In 2009, while defendant was subject to search as a condition of probation, a police officer found in defendant's backpack items stolen from a vehicle the previous evening. Defendant pled no contest to receiving stolen property (Pen. Code, § 496, subd. (a)) in case No. CM031756 and was found to be in violation of his probation in case No. CM023344. He was placed back on probation and was ordered to serve a period of time in jail on both cases.
Four months later, after being arrested on new charges, defendant admitted violating the terms and conditions of his probation in each of his existing cases. The trial court terminated probation in both cases and imposed the midterm of six years in case No. CM023344, with eight months (one-third the midterm), to be served consecutively, in case No. CM031756.
Defendant appeals. The trial court denied his request for a certificate of probable cause. (Pen. Code, § 1237.5.)
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to Wende, requesting the court to review the record and determine whether there are any arguable issues on appeal. Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days have elapsed, and we received no communication from defendant.
We have undertaken an independent examination of the entire record and have found no arguable error that would result in a ...