Opinion
A148943
01-25-2017
THE PEOPLE, Plaintiff and Respondent, v. TROY CHASTEEN MONTEITH, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Solano County Super. Ct. No. FCR303681)
Troy Chasteen Monteith (appellant) appeals from a judgment entered after the trial court found he violated his probation and sentenced him to three years in county jail. Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On November 5, 2013, a felony complaint was filed charging appellant with receiving stolen property (§ 496d, subd. (a), count 1) and alleging he had suffered three prior prison terms (§ 667.5, subd. (b)). The public defender declared a conflict, and the alternate public defender was appointed. Appellant pleaded no contest and admitted two of the prior prison terms, and the trial court placed him on probation with various conditions, including that he serve 180 days in county jail, with 84 days of credit for time served. The credits were later corrected to add eight days.
On December 24, 2014, the trial court revoked appellant's probation and issued a no-bail warrant. Thereafter, appellant admitted a probation violation for failure to maintain contact and sobriety, and the court reinstated and modified probation to provide that appellant would serve 90 days in county jail with 70 days of credit for time served.
On March 21, 2016, the trial court revoked appellant's probation and issued a no-bail warrant. Appellant, now represented by the public defender, with no explanation as to the previously declared conflict, admitted a new violation from Contra Costa County—a conviction for violating Vehicle Code, section 10851, subdivision (a). The court found appellant in violation of probation for failure to obey laws and denied appellant's motion to terminate probation.
At sentencing on June 29, 2016, the public defender, on behalf of appellant, renewed its motion to terminate appellant's probation. Counsel requested that appellant "be terminated unsuccessfully and given credit for time he's served thus far, considering that he has spent a significant time in custody for these cases, which all occurred back in 2014." The trial court denied the motion and imposed the upper term of three years in county jail with 368 days for time served, and exercised its discretion to strike the two prior prison terms.
DISCUSSION
Appellant's counsel has filed a brief pursuant to People v. Wende, supra, 25 Cal.3d 436, and asks this court to independently review the entire record to determine if it contains any issues which would, if resolved favorably to the appellant, result in reversal or modification. We have examined the entire record and have found no reasonably arguable appellate issue, and we are satisfied that counsel has fully complied with his responsibilities. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
/s/_________
McGuiness, P.J. We concur: /s/_________
Pollak, J. /s/_________
Siggins, J.