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P. v. Minor CA3

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P. v. Minor CA3
By
11:19:2018

Filed 8/29/18 P. v. Minor 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Tehama)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

CHRISTOPHER ROBIN MINOR,

Defendant and Appellant.

C086482

(Super. Ct. No. 17CR002622)

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.

The People charged defendant Christopher Robin Minor with arson of an inhabited structure (Pen. Code, § 451, subd. (b)--count I) and two counts of arson of a structure and forest land (Pen. Code, § 451, subd. (c)--counts II and III). Defendant waived his right to a preliminary hearing and pleaded guilty to counts II and III. The parties agreed the report numbered 17CATGU009410 and prepared by the California Department of Forestry, formed the factual basis for the plea. In exchange for defendant’s plea, the People moved to dismiss the remaining charge with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754; the court granted the People’s motion.

Citing defendant’s lack of a criminal record, the trial court subsequently sentenced defendant to the low term of two years on his conviction for count II and a consecutive term of 16 months on count III. The court awarded him 197 days of custody credit and ordered him to pay various fines and fees.

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, supra, 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/

Blease, Acting P. J.

We concur:

/s/

Robie, J.

/s/

Renner, J.





Description This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.
The People charged defendant Christopher Robin Minor with arson of an inhabited structure (Pen. Code, § 451, subd. (b)--count I) and two counts of arson of a structure and forest land (Pen. Code, § 451, subd. (c)--counts II and III). Defendant waived his right to a preliminary hearing and pleaded guilty to counts II and III. The parties agreed the report numbered 17CATGU009410 and prepared by the California Department of Forestry, formed the factual basis for the plea. In exchange for defendant’s plea, the People moved to dismiss the remaining charge with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754; the court granted the People’s motion.
Citing defendant’s lack of a criminal record, the trial court subsequently sentenced defendant to the low term of two years on his conviction for count II and a consecutive term of 16 months on count III.
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