People v. Rabbitt CA3

Filed 1/15/15 P. v. Rabbitt CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

THE PEOPLE, C073974

Plaintiff and Respondent, (Super. Ct. No. CRF11692)

v.

THOMAS CECIL RABBITT II,

Defendant and Appellant.

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, 124.) FACTUAL AND PROCEDURAL BACKGROUND On December 16, 2011, defendant Thomas Cecil Rabbitt possessed 3 grams of methamphetamine for personal use. (Health & Saf. Code, § 11377, subd. (a).) He pleaded no contest to this charge. As part of the negotiated plea, the trial court ordered

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defendant to complete a rehabilitation program within six months. The parties agreed if defendant left the program or the program discharged him, he would be sentenced to the upper term of three years in state prison.1 Defendant’s treatment programming was interrupted twice due to serving time for parole violations. After serving that time and being released in September 2012, defendant received continuances in October and November to allow him to enroll in another program. In November he again had to serve time for a parole violation. The matter was continued to December 2012 and defendant appeared in court as required. He indicated his confinement for the parole violation was completed and he was attempting to locate a residential treatment program. Defendant failed to appear in court at the next review hearing in February 2012. He was in custody and appeared on April 15, 2013. The matter was set for sentencing on May 13, 2013. At sentencing the trial court imposed the previously stipulated sentence of three years in prison, awarded defendant 340 days of presentence custody credit, and ordered him to pay a $720 restitution fine (Pen. Code, § 1202.4); a $720 parole revocation restitution fine suspended unless parole is revoked (Pen. Code, § 1202.45); a $200 criminal laboratory analysis fee (Health & Saf. Code, § 11372.5); a $600 drug program fee (Health & Saf. Code, § 11372.7); a $40 court security fee (Pen. Code, § 1465.8, subd. (a)(1)); and a $30 court facilities assessment (Gov. Code, § 70373). Defendant appeals. He did not obtain a certificate of probable cause. WENDE REVIEW 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.