P. v. Ballard
Filed 5/17/06 P. v. Ballard CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sutter)
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THE PEOPLE, Plaintiff and Respondent, v. MERLE EDWARD BALLARD, Defendant and Appellant. | C050458 (Super. Ct. Nos. CRF050689, CRF050690) |
In case No. CRF050689, defendant Merle Edward Ballard pleaded no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378) and admitted a prior drug conviction (id., § 11370.2, subd. (c)). An on-bail allegation (Pen. Code, § 12022.1)[1] and seven prior prison term allegations (§ 667.5, subd. (b)) were dismissed. In case No. CRF050690, he pleaded no contest to failure to appear on a felony offense (§ 1320.5) and admitted that he was on bail at the time of his failure to appear (§ 12022.1).
Defendant was sentenced to state prison for five years, awarded 69 days of custody credit and 34 days of conduct credit, and ordered to pay a $1,000 restitution fine (§ 1202.4, subd. (b)) and a $1,000 restitution fine suspended unless parole is revoked (§ 1202.45).
Defendant appeals.
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 have elapsed, and we have 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.
BUTZ , J.
We concur:
SCOTLAND , P. J.
DAVIS , J.
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[1] Undesignated statutory references are to the Penal Code.