Filed 6/19/13 P. v. Key CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

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 hist ory 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 th ree 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. Appella nt was placed on probation as to count 4; as to count 1, deferred entry of judgment (DEJ) was recomme nded, 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 (j ail controlled substance charge). On April 14, 2010, the trial court found appella nt in violation of the DEJ terms. On2 June 8, 2010, the court terminated DEJ an d imposed drug court supervision. On January 21, 2011, the trial court suspended imposition of sentence and placed appellant on probation with va rious conditions. Subsequently, on February 17, 2012, the court termin ated appellant from drug court for violations, summarily revoked probation, and issued a bench warrant. On April 23, 2012, further violations of probation were alleged fo r failure to report to drug treatment court, as well as new drug charge s for possession of a smoking pipe (Health & Saf. Code, § 11364, subd. (a)), child endanger ment (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 pl ed no contest to the Pe nal Code section 273a, subdivision (a), child neglect charge as a misdemeanor, and adm itted a violation of probation based solely on this newl y alleged violations of law. On June 14, 2012, the court ordered that pr obation 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. Coun sel 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 proba tion 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 sentenci ng 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 whic h states the case and the facts but raises no specific issues. We notif ied 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. Purs uant to our obligation as set forth in People v.3 Wende (1979) 25 Cal.3d 436, we have reviewed the reco rd but have found no arguable issues on appeal. Therefore, we will affirm the judgment.

D ISPOSITION The judgment is affirmed.

__________ _______________ ____________ RUSHING, P.J.

WE CONCUR:

________________ _________________ PREMO, J.

________________ _________________ ELIA, J.