People v. Bounthavy CA5

INTRODUCTION

Appellant/defendant Pavid Am Bounthavy was placed on probation after he pleaded guilty to narcotics and firearm offenses. After two violations, the court revoked probation and sentenced him to prison. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm.

FACTS

Case No. F09906439 On November 10, 2009, defendant was found in possession of Ecstasy, a controlled substance. On November 13, 2009, a complaint was filed in case No. F09906439, charging defendant with count I, felony possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). On or about November 16, 2009, defendant pleaded guilty and was placed on formal probation for two years. He was ordered to enroll, attend, and complete a drug treatment program pursuant to Proposition 36 (Pen. Code, § 1210.1, subd. (a)).1 Defendant’s performance on Proposition 36 probation was poor. He failed to submit to weekly drug tests and had excessive absences from the drug treatment program. On February 11, 2010, he was…