P. v. Fields CA1/1

Filed 5/7/13 P. v. Fields CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A136121 v. KITO FIELDS, (Alameda County Super. Ct. No. C153997) Defendant and Appellant.

Defendant Kito Fields appeals from a judgment following a contested probation revocation hearing and imposition of a seven-year prison sentence (four-year upper term for sale of marijuana (Health & Saf. Code, § 11360, subd. (a)), plus two-years for a bail clause enhancement (Pen. Code, § 12022.1), plus one year for a prison prior enhancement (Pen. Code, § 667.5, subd. (b)). Defendant’s 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 the defendant, result in reversal or modification of the judgment. (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 supplemental brief, but has not done so. Upon independent review of the record, we conclude no arguable issues are presented for review, and affirm the trial court’s judgment. BACKGROUND On December 14, 2006, defendant executed a written waiver of rights form, which included waiver of his right to appeal from his conviction and entry of judgment on his plea of no contest to the sale marijuana in violation of Health and Safety Code

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section 11360, subdivision (a). He was also advised in open court as to the terms and conditions of the negotiated disposition, which included five years felony probation, on numerous terms and conditions. Defendant was advised that if he violated the terms and conditions of his probation, probation could be revoked and he could be sentenced for up to seven years in state prison. After full admonishment and advisement, the trial court accepted defendant’s no contest plea to a violation of Health and Safety Code section 11360, subdivision (a), and admitted an out-on-bail clause pursuant to Penal Code section 12022.1 and a prior felony prison term (for violation of Health & Saf. Code, § 11350, subd. (a)) pursuant to Penal Code section 667.5, subdivision (a). The prosecution, in turn, moved to dismiss two additional counts, one of which also included a bail clause, to strike another prison prior, and to dismiss another matter (No. 153974) in its entirety. In accordance with the agreed-to disposition, the trial court suspended imposition of sentence and placed defendant on five years felony probation. On February 4, 2008, the district attorney filed a petition to revoke defendant’s probation on the ground he had violated Penal Code section 166, subdivision (c)(1). Defendant admitted the violation, and probation was revoked and reinstated on the condition defendant serve additional jail time. On July 8, 2008, the district attorney filed a petition to revoke defendant’s probation on the ground he had again violated Penal Code section 166, subdivision (c)(1). Defendant admitted the violation, and probation was revoked and reinstated on service of jail time. On November 17, 2008, the district attorney filed a third petition to revoke defendant’s probation on the ground he had violated Health and Safety Code section 11359. Defendant admitted the violation, and probation was revoked and reinstated on service of jail time. On July 2, 2009, the district attorney filed a fourth petition to revoke defendant’s probation on the ground he had violated Penal Code section 484, subdivision (a). Defendant admitted the violation, and probation was revoked and reinstated. On June 13, 2011, the district attorney filed a fifth petition to revoke defendant’s probation on the ground he had violated Penal Code sections 459, 136 and 422. Defendant admitted the violation (including as part of a disposition of another pending