People v. Harrison CA1/1

Filed 2/10/21 P. v. Harrison CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publi- cation or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or or- dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A160577 v. ASA HARRISON, (Sonoma County Super. Ct. No. SCR- Defendant and Appellant. 685057-1)

Defendant Asa Harrison appeals from a judgment following a contested probation revocation hearing and imposition of the previously suspended sen- tence for making a criminal threat against a park ranger and vandalizing her truck. His appellate counsel has raised no issues and asks this court for an independent review of the record to determine whether there are any issues that would, if resolved favorably to defendant, result in reversal or modifica- tion of the judgement. (People v. Kelly (2006) 40 Cal.4th 106; People v. Wende (1979) 25 Cal.3d 436.) Defendant was notified of his right to file a supple- mental brief but has not done so. Upon independent review of the record, we find no arguable issues are presented for review and affirm. BACKGROUND In the underlying case, defendant pleaded no contest to one count of making a criminal threat in violation of Penal Code section 422, subdivision

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(a)1, and one count of misdemeanor vandalism in violation of section 594, sub- division (a), and also admitted a prior strike based on an Oregon conviction of first-degree residential burglary. Prior to doing so, defendant executed a written waiver of rights form. At the sentencing hearing, in accordance with the negotiated disposi- tion, the trial court granted defendant’s Romero2 motion to dismiss his prior strike. The court sentenced defendant to a total prison term of three years, but suspended execution and placed defendant on probation on the condi- tions that, among others, he complete a substance abuse treatment program at Redwood Gospel Mission and waive 340 days of his 680 total custody cred- its (170 actual, 170 conduct). Defendant also agreed to waive “treatment credits” for his time at the Redwood Gospel Mission program. The following year, in August 2018, defendant pleaded no contest to a new charge of possessing methamphetamine in violation of Health and Safety Code section 11377, subdivision (a), and admitted violating probation in the instant case. The court sentenced him to 30 days in county jail on the new charge. On the probation violation, the court reinstated his original proba- tion conditions. Four months later, in December 2018, defendant admitted violating the terms of his probation by failing to report to probation when he was sched- uled to do so. The court reinstated probation but ordered defendant to partic- ipate in a different treatment program, the Jericho Project (Jericho). The court advised defendant “[i]f you complete the Jericho Project, all your terms