P. v. Kuntz

Filed 4/11/07 P. v. Kuntz 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento)

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Pursuant to a negotiated settlement, defendant Joan Elizabeth Kuntz pleaded no contest to arson (Pen. Code, 451, subd. (b)) in exchange for the dismissal of another count and a promise of a maximum sentence of the low term of three years in state prison. In accordance with the settlement agreement, the trial judge imposed a sentence of three years and ordered restitution fines of $400 pursuant to Penal Code sections 1202.4 and 1202.45.

Facts

The victim of the arson was awakened by a neighbor who informed her that her house was on fire. A security video camera that the victim had installed showed defendant pouring gasoline on the victims garage.

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.

HULL, J.

We concur:

SCOTLAND, P.J.

BUTZ , J.

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