P. v. Radford CA1/2

Filed 6/27/13 P. v. Radford CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A136964 v. ERIC TRENON RADFORD, (Sonoma County Super. Ct. No. SCR589665) Defendant and Appellant.

Appellant Eric Trenon Radford was convicted of a commercial burglary and sentenced to four years in prison, with execution suspended during a three-year period of probation. Probation was subsequently revoked and the sentence was ordered into execution. His counsel on appeal has filed a brief under People v. Wende (1979) 25 Cal.3d 436 (Wende). We have reviewed the entire record on appeal and find no issues that merit briefing. BACKGROUND After signing a form which notified him of the rights he would waive by entering his plea, Radford entered a no contest plea on February 14, 2011, to one count of second degree burglary (Pen. Code, § 459),1 and admitted two prior grand theft convictions in 2007 and 2009 (§ 487) for which a prison term was served. (§ 667.5, subd. (b).) The underlying crime occurred on September 16, 2010, and consisted of the theft of a pair of

1 Undesignated statutory references are to the Penal Code.

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shorts and a jacket from a Kohl’s department store where Radford’s girlfriend worked. The goods were reportedly worth $240. Radford was on parole at the time of the offense. On June 16, 2011, the court sentenced Radford to the upper term of three years, with a consecutive one-year term on the prior prison term enhancement, for a total of four years.2 Execution of sentence was suspended, and Radford was placed on probation for 36 months, with various conditions. The court explained that imposition of the upper term was justified by Radford’s past juvenile and criminal record, which included several incidents of assaultive behavior, but probation was being granted because the crime appeared to be related to defendant’s mental health issues. The court ordered quarterly reviews of Radford’s progress on probation and also imposed a one-year jail term as a condition of probation, but stayed it for 90 days, pending review of defendant’s conduct. A second count of misdemeanor theft (§ 484, subd. (a)) was dismissed on the People’s motion. The probation report for sentencing indicated that Radford had started inhaling cocaine in 2009 and, by his own admission, was “hooked on it.” He also admitted to daily use of marijuana for a one-year period, claiming the use was “medicinal to treat an ‘eating problem.’ ” At the same time, Radford confirmed he had no “current medical issues [or] prescribed medications.” At his first review hearing on September 22, 2011, defendant admitted he had started using drugs again. His parole agent got him into a program called “Turning Point” on August 30, 2011, but he left the program two weeks later because he believed he had enemies there. On September 15 defendant entered the Ford Street Project, a 90-day residential treatment center, from which he was scheduled to graduate on December 14, 2011. The Ford Street Project offered services to address defendant’s “severe addiction and criminal