P. v. Colbert

Filed 8/28/06 P. v. Colbert 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

(Yuba)

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Defendant Erica Evetta Colbert pled no contest to conspiracy to commit and commission of first degree robbery (Pen. Code, §§ 182, 211) and admitted she acted in concert with two or more other persons (Pen. Code, § 213, subd. (a)(1)(A)). In accordance with the plea agreement, the trial court sentenced defendant to the midterm of six years in state prison. Defendant was awarded 185 days of custody credit and 27 days of conduct credit (Pen. Code, § 2933.1), and was ordered to pay a $200 restitution fine (Pen. Code, § 1202.4) and another $200 restitution suspended unless parole is revoked (Pen. Code, § 1202.45).

Defendant appeals. She did not obtain a certificate of probable cause (Pen. Code, § 1237.5).

We appointed counsel to represent her on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks 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 supplemental brief 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.

NICHOLSON , J.

We concur:

BLEASE , Acting P.J.

CANTIL-SAKAUYE , J.

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