Filed 6/19/13 P. v. Key CA6 

NOT TO BE PUBLISHED IN OFFICIAL REPORTS 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 

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or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

SIXTH APPELLATE DISTRICT 

THE PEOPLE, 

Plaintiff and Respondent, 

 v. 

WILLIAM JAMES KEY, 

Defendant and Appellant. 

 H038455 

 (Monterey County 

 Super. Ct. No. SS091686) 

Appellant William James Key has a long history of drug related offenses. He 

appeals from a judgment entered after he was found to have violated his probation and 

after his latest conviction for child endangerment. 

In 2009, appellant was charged with three separate counts of possession of a 

controlled substance (count 1, heroin, Health & Saf. Code, § 11350, subd. (a); count 2, 

oxycodone, Health & Saf. Code, § 11350, subd. (a); and count 3, diazepam, Health & 

Saf. Code, § 11375, subd. (b)(2)), and with an additional misdemeanor charge for 

resisting arrest. (Count 4, Pen. Code, § 148, subd. (a)(1).) On July 13, 2009, he pled 

guilty to counts 1 and 4. Appellant was placed on probation as to count 4; as to count 1, 

deferred entry of judgment (DEJ) was recommended, then granted on August 18, 2009. 

On November 5, 2009, a first violation of probation was alleged for a new offense 

of violating Penal Code section 4573.6 (jail controlled substance charge). On 

April 14, 2010, the trial court found appellant in violation of the DEJ terms. On 
2 

June 8, 2010, the court terminated DEJ and imposed drug court supervision. On 

January 21, 2011, the trial court suspended imposition of sentence and placed appellant 

on probation with various conditions. 

Subsequently, on February 17, 2012, the court terminated appellant from drug 

court for violations, summarily revoked probation, and issued a bench warrant. On April 

23, 2012, further violations of probation were alleged for failure to report to drug 

treatment court, as well as new drug charges for possession of a smoking pipe (Health & 

Saf. Code, § 11364, subd. (a)), child endangerment (Pen. Code, § 273a, subd. (a)), and 

possession of a syringe (former Bus. & Prof. Code § 4140), and failure to abstain from 

use of drugs. On May 1, 2012, appellant pled no contest to the Penal Code section 273a, 

subdivision (a), child neglect charge as a misdemeanor, and admitted a violation of 

probation based solely on this newly alleged violations of law. 

On June 14, 2012, the court ordered that probation be revoked and reinstated in the 

2009 case, with a 25 day jail sentence, and 25 days credit for time served. On the new 

misdemeanor case, the court granted probation on the condition that appellant serve 180 

days in jail, but awarded no credits. Counsel for appellant objected to the denial of 

credits pursuant to People v. Bruner (1995) 9 Cal.4th 1178, arguing that dual credits 

were proper because the probation violation was based on the new violation and that the 

custody time was served for both. The court overruled the objection. A timely notice of 

appeal challenging the sentencing ensued on June 15, 2012. 

On December 20, 2012, while the appeal was pending, the trial court reconsidered 

its order on credits in the misdemeanor case, and awarded 112 days of credits, based on 

56 actual days and 56 days of conduct credits. 

Thereafter, appointed counsel filed an opening brief which states the case and the 

facts but raises no specific issues. We notified defendant of his right to submit written 

argument in her own behalf within 30 days. Thirty days have elapsed and we have 

received nothing from the defendant. Pursuant to our obligation as set forth in People v. 
3 

Wende (1979) 25 Cal.3d 436, we have reviewed the record but have found no arguable 

issues on appeal. Therefore, we will affirm the judgment. 

DISPOSITION

 The judgment is affirmed. 

 _____________________________________ 

 RUSHING, P.J. 

WE CONCUR: 

_________________________________ 

PREMO, J. 

_________________________________ 

ELIA, J.