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P. v. Allred

P. v. Allred
08:20:2007



P. v. Allred



Filed 8/3/07 P. v. Allred CA3



NOT TO BE PUBLISHED



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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



THIRD APPELLATE DISTRICT



(Sutter)



----



THE PEOPLE,



Plaintiff and Respondent,



v.



CORY DEAN ALLRED,



Defendant and Appellant.



C054164



(Super. Ct. Nos. CRF061903 & CRF060952)



Defendant Cory Dean Allred pled no contest to robbery (Pen. Code,  211) and admitted personal use of a firearm (Pen. Code,  12022.53, subd. (b)) and an on bail allegation in case No. CRF061903, and pled no contest to second degree burglary (Pen. Code,  459) in case No. CRF060952. He was sentenced to the stipulated term of 14 years and eight months. The court also imposed $500 in actual restitution, a $2,800 restitution fine, $40 in court security fees, stayed a $2,800 parole revocation fine, and awarded 74 days (63 actual and 11 conduct) credit.



In case No. CRF060952, defendant admitted to entering a California Check Cashing store and cashing a fictitious Western Union check on February 27, 2006.



In case No. CRF061903, defendant, and his brother having previously taken a .22-caliber rifle from the garage of his father, David Allred, entered his parents living room and demanded that Allred give his .380-caliber handgun to defendant so he could commit suicide. When his father said no defendant became agitated, stuck the rifle in Allreds face and threatened to shoot Allred and his wife. Allred got the handgun and removed the clip. Defendant pointed the rifle at him and demanded that he load the handgun. Defendant took the clip and handed it to his brother, who then gave it back to Allred, demanding that he load the handgun. Allred then threw the handgun and clip outside. The brothers went outside for the handgun, leaving the rifle, which Allred picked up. They returned the handgun to their father and then drove off.



We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant. Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.



DISPOSITION



The judgment is affirmed.



CANTIL-SAKAUYE , J.



We concur:



SCOTLAND, P.J.



MORRISON , J.



Publication courtesy of California free legal advice.



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Description Defendant Cory Dean Allred pled no contest to robbery (Pen. Code, 211) and admitted personal use of a firearm (Pen. Code, 12022.53, subd. (b)) and an on bail allegation in case No. CRF061903, and pled no contest to second degree burglary (Pen. Code, 459) in case No. CRF060952. He was sentenced to the stipulated term of 14 years and eight months. The court also imposed $500 in actual restitution, a $2,800 restitution fine, $40 in court security fees, stayed a $2,800 parole revocation fine, and awarded 74 days (63 actual and 11 conduct) credit. Having undertaken an examination of the entire record, Court find no arguable error that would result in a disposition more favorable to defendant. The judgment is affirmed.

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