Filed 10/11/18 P. v. Dinning 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Butte)
----
| THE PEOPLE,
Plaintiff and Respondent,
v.
WARWICK CHARLES DINNING,
Defendant and Appellant.
| C086992
(Super. Ct. No. 16CF01883)
|
On November 23, 2015, around 11:00 p.m., defendant Warwick Charles Dinning, Joshua Marcus Bush, and Jeffery Alan Stringer entered the residence of Adam W. One of the men was armed with a handgun. The three had entered the home at the behest of Renae Disney, who had a dispute with Adam W. over payment to Disney for trimming and manicuring marijuana that he had grown. One of the robbers forced Jessica R. into a bedroom and ordered her face down, while the two other men forced Adam W. into the bathroom. Jessica R. later heard an altercation take place in the bathroom. She eventually ran out of the house and called the police.
Police arrived to find Adam W. in the driveway, shot twice in the chest. He eventually died of his injuries. A revolver found next to the body contained DNA belonging to Bush and the victim. Multiple plastic tubs containing marijuana were found at the scene. Two were found next to the victim, with the remainder in the garage.
Defendant pled no contest to first degree robbery and admitted an allegation for personally using a firearm. The trial court sentenced defendant to a 19-year state prison term, ordered various fines and fees, and awarded 779 days of presentence credit (678 actual and 101 conduct).
Defendant appeals. He did not obtain a certificate of probable cause.
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.
/s/
Robie, J.
We concur:
/s/
Blease, Acting P. J.
/s/
Butz, J.
