P. v. Feight CA1/2

Filed 6/27/13 P. v. Feight CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A137158 v. JOSHUA MILES FEIGHT, (Del Norte County Super. Ct. Nos. CRF06-9625; Defendant and Appellant. CRF06-9539-3; CRF11-9680; CRF12-9548)

I. INTRODUCTION Appellant entered guilty pleas in the Del Norte County Superior Court to four different criminal charges. He was also found to have violated probation in several of these cases and, on November 8, 2012, was sentenced to prison on all four cases, some of the sentences being consecutive and some concurrent. A short time later, he filed a notice of appeal alleging sentencing error in all four cases. Pursuant to People v. Wende (1979) 25 Cal.3d 436, a brief was filed asking this court to review the records in these cases and determine if further briefing on the alleged sentencing error is required. Although he was advised he could file a supplemental brief, no such brief was filed by appellant. We have reviewed the record in all four cases, find no need for further briefing, and hence affirm the judgment of the superior court, including the sentence imposed.

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II. FACTUAL AND PROCEDURAL BACKGROUND In August and September 2006, appellant entered guilty pleas in two separate and distinct cases, one No. 96251 and the other No. 9639. The first plea was to a charge of burglary in the second degree and the second to receiving stolen property.) On October 19, 2006, he was placed on probation by the trial court in both cases. On October 14, 2009, appellant admitted to violating probation and his probation was revoked. It was, however, reinstated by the court at a hearing held on November 5, 2009, but with appellant ordered to serve an additional 180 days in county jail. The court specified that his probation was to remain in effect until October 19, 2011. Numerous petitions for modification or change in probation were filed in these two cases; appellant admitted to each charged probation violation, but probation was reinstated in both cases. On September 2, 2011, appellant’s probation was revoked because of the filing and pendency of several petitions alleging violations of appellant’s conditions of probation; however, further hearings were postponed so that newly-appointed counsel for appellant could become more familiar with the cases. By that time, per a memorandum prepared by the superior court clerk at the request of the court, appellant had served approximately 37 months on probation. On November 3, 2011, probation was modified and reinstated. On December 9, 2011, a third charge was filed against appellant, petty theft with prior convictions. (Pen. Code, §§ 484, 666.) On March 15, 2012, appellant entered a guilty plea and also admitted violations of probation in the two earlier cases. On April 20, 2012, he was placed on probation for a period of three years in this case and also returned to probation in the first two cases, on which probation was extended for a full five-year term. A fourth charge, maintaining a place for selling and using a controlled substance (Health & Saf. Code, § 11366) was filed against appellant on October 5, 2012. Appellant entered a guilty plea to this charge on October 10, 2012. At the hearing held that day on