Filed 4/16/18 P. v. Jeremiah 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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.

PATRICK WAYNE JEREMIAH,

Defendant and Appellant.
C085968

(Super. Ct. No. 17CF04094)




Appointed counsel for defendant Patrick Wayne Jeremiah asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
BACKGROUND
The facts are taken from the probation report, which formed the factual basis of the plea.
On August 17, 2017, defendant and his wife walked past a group of four persons. Defendant turned and yelled slurs and insults while throwing rocks at the group. The group chased defendant. Police were dispatched and an officer detained defendant, who had run into the bushes near a business. A palm-sized stone weighing about one pound was found in his pocket.
Defendant pleaded guilty to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) as a serious felony by personally using a deadly weapon (id., § 1192.7, subd. (c)(23)). The trial court sentenced defendant to a three-year state prison term, imposed various fines and fees, and awarded 125 days of presentence credit (63 actual and 62 conduct).
Defendant did not obtain a certificate of probable cause.
DISCUSSION
Counsel filed an opening brief setting forth the facts of the case and requests that we review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of his 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 examined the record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.




/s/
Duarte, J.



We concur:



/s/
Hull, Acting P. J.




/s/
Hoch, J.