P. v. Anderson

Filed 5/4/07 P. v. Anderson 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Yuba)

----

THE PEOPLE,

Plaintiff and Respondent,

JASON JAY ANDERSON,

Defendant and Appellant.

C051447

(Super. Ct. No. CRF04763)

Defendant Jason Jay Anderson pled no contest to carjacking (Pen. Code, 215, subd. (a))^{^[1]}and assault with a firearm ( 245, subd. (a)(2)), and admitted to personally using a firearm in the commission of a carjacking ( 12022.53, subd. (b)) and a prior strike conviction for burglary. The trial court sentenced defendant to 27 years in prison. The court also ordered $3,800 in restitution, a 10 percent collection fee, a $20 court security fee, and a $200 restitution fine, and stayed a $200 parole revocation fine. Pursuant to section 2933.1, defendant was awarded 304 days of actual time and 45 days of good conduct credit, for a total of 349 days of custody credit.

At about 3:30 a.m. on December 3, 2004, defendant and his accomplice, armed with a rifle and a shotgun, approached a pickup truck in which three men were sleeping after work. Defendant, wearing a mask, put a gun to the head of one of the men and pulled him from the truck. Defendant ordered the man to the ground and took $500 and personal papers from his wallet. Defendant and his accomplice ordered the other men out of the truck and took their wallets, which contained a total of $2,400 in cash and a debit card. They ordered one of the men to unhitch the work trailer from the truck, and defendant and his accomplice drove away. The estimated value of the truck and its contents was $57,861.

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.

RAYE , J.

We concur:

NICHOLSON , Acting P.J.

ROBIE , J.

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^{^[1]} All further statutory references are to the Penal Code.

Description	Defendant Jason Jay Anderson pled no contest to carjacking (Pen. Code, 215, subd. (a)) and assault with a firearm ( 245, subd. (a)(2)), and admitted to personally using a firearm in the commission of a carjacking ( 12022.53, subd. (b)) and a prior strike conviction for burglary. The trial court sentenced defendant to 27 years in prison. The court also ordered $3,800 in restitution, a 10 percent collection fee, a $20 court security fee, and a $200 restitution fine, and stayed a $200 parole revocation fine. Pursuant to section 2933.1, defendant was awarded 304 days of actual time and 45 days of good conduct credit, for a total of 349 days of custody credit.(People v. Wende (1979) 25 Cal.3d 436.) 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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