P. v. McKnight

 

 

 

 

 

 

 

 

 

 

Filed 9/4/13  P. v. McKnight CA3

 

 

 

 

 

 

 

NOT TO BE PUBLISHED

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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opinion has not been certified for publication or ordered published for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

(Yuba)

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THE PEOPLE,                           Plaintiff and Respondent,               v.   OTTO RAY VICTOR MCKNIGHT,                           Defendant and Appellant.

C073230   (Super. Ct. Nos. CRF12465, CRF12563)

 

 

 

 

            On August 12, 2012, defendant Otto
Ray Victor McKnight was caught driving a stolen Jeep.  The Jeep owner knew defendant but had not given
him permission to drive it.  On September 28, 2012, while
released on bail, defendant hit his live-in girlfriend, resulting in a cut
above her eye and scratches on her face. 
On May 12, 2006,
defendant had been convicted of first
degree burglary.

            Defendant pled no contest to
cohabitant abuse and admitted a strike in one case (case No. CRF12563).  Defendant pled no contest to unlawfully
taking or driving a vehicle  in the other
case (case No. CRF12465).  The parties
agreed that the strike prior would be stricken at sentencing provided defendant
complied with the terms of a waiver pursuant to People v. Cruz (1988) 44 Cal.3d 1247 while he was
released on his own recognizance pending sentencing.

            Defendant
failed to meet with the probation officer at a scheduled interview, a violation
of a condition of the Cruz waiver.

            After
denying defendant’s motion to strike the strike prior, the court found
defendant was in violation of the Cruz waiver,
denied probation, and sentenced him to state prison for an aggregate term of
eight years eight months, that is, the upper term of four years, doubled for
the strike prior, for the cohabitant abuse offense, plus one-third the midterm
or eight months for  the vehicle offense.

            Defendant
appeals.  He did not seek a href="http://www.mcmillanlaw.com/">certificate of probable cause.  (Pen. Code, § 1237.5.)

            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. 

 

 

 

                                                                                       ROBIE          , J.

 

 

 

We
concur:

 

 

 

          HULL           , Acting P. J.

 

 

 

          MAURO          , J.