People v. Bolian CA2/8

Filed 3/4/16 P. v. Bolian CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B264598

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA052593) v.

BRUCE BOLIAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed.

Gail Ganaja, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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This is defendant Bruce Bolian’s second appeal in this case. In the first appeal, we reversed the judgment revoking his probation, vacated his sentence, and remanded for the trial court to conduct a new probation revocation hearing and exercise its discretion whether to reinstate or terminate probation. (People v. Bolian (2014) 231 Cal.App.4th 1415 (Bolian).) Following remand, the trial court again revoked his probation and sentenced him to five years in state prison. Appellant again appeals the court’s judgment. Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appellant’s counsel filed an opening brief requesting this court review the record and determine whether any arguable issues exist on appeal. We have reviewed the entire record and find no arguable issue. We affirm. BACKGROUND The following procedural and factual background is taken from our prior opinion (Bolian, supra, 231 Cal.App.4th at pp. 1418-1419): In December 2011, appellant was charged in an amended information with one count of possession of a deadly weapon (a billy club) in violation of Penal Code former section 12020, subdivision (a)(1). The amended information also alleged appellant had suffered three prior convictions within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served prison terms for eight prior convictions within the meaning of Penal Code section 667.5, subdivision (b). Appellant pled guilty and admitted two prior convictions within the meaning of Penal Code section 667.5, subdivision (b). In February 2012, the court sentenced appellant to five years in state prison, consisting of three years for the substantive count and two years for the prior conviction allegations. The court then suspended execution of the sentence and placed appellant on formal probation for five years. The conditions of his formal probation required that he (1) perform 60 days of Caltrans (California Department of Transportation) community service, (2) not own, use, possess, buy, or sell any controlled substances except with valid prescription, and (3) submit to periodic controlled substance testing when requested. According to the report of Deputy Probation Officer (DPO) Douglas Morales, appellant tested positive for marijuana in December 2012, January 2013, March 2013,