Filed 12/7/05 P. v. Patterson CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. THOMAS MURRAY PATTERSON, Defendant and Appellant. | C049354
(Super. Ct. No. CM018653)
|
In April 2003, defendant Thomas Murray Patterson pleaded guilty to receiving stolen property. (Pen. Code, § 496, subd. (a); further section references are to the Penal Code.) Imposition of sentence was suspended and defendant was placed on probation for three years on the condition, among others, that he serve 120 days of incarceration.
In August 2004, defendant admitted having violated his probation. Probation was reinstated on the condition that he serve an additional 90 days of incarceration. In October 2004, defendant admitted a second probation violation. Probation was reinstated on the condition that he serve an additional 240 days of incarceration.
In February 2005, defendant admitted having violated his probation by terminating his residential treatment program without permission. He waived his accrued presentence credits in exchange for dismissal of a more recent case. He was sentenced to state prison for two years, awarded 21 days of custody credit and 10 days of conduct credit (for the period following his credit waiver), and ordered to pay a $200 restitution fine (§ 1202.4) and a $200 restitution fine suspended unless parole is revoked (§ 1202.45).
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:
SIMS , Acting P.J.
DAVIS , J.
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