Fear Not Law Articles: P. v. Robertson

P. v. Robertson

Filed 8/8/07 P. v. Robertson 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

BRIAN JAMES ROBERTSON,

Defendant and Appellant.

C054578

(Super. Ct. No. CM025805)

Defendant Brian James Robertson was released from custody on bail after being charged with possession of a controlled substance. (Health & Saf. Code, 11377, subd. (a).) On October 2, 2006, in case No. CM025805, defendant was charged with two counts of failing to appear while released on bail. (Pen. Code, 1320.5.)^{^[1]} On October 26, 2006, defendant pled no contest to one of the failure to appear counts. In addition, in case No. CM024999, defendant pled no contest to possession of a controlled substance as a misdemeanor, and in case No. SCR56054, defendant pled no contest to battery ( 243, subd. (b)) as a misdemeanor. Defendant was sentenced to the midterm of two years. Defendant did not obtain a certificate of probable cause.

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.

CANTIL-SAKAUYE , J.

We concur:

DAVIS, Acting P.J.

RAYE , J.

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^{^[1]} Unless otherwise indicated, further statutory references are to the Penal Code.

Description	Defendant Brian James Robertson was released from custody on bail after being charged with possession of a controlled substance. (Health & Saf. Code, 11377, subd. (a).) On October 2, 2006, in case No. CM025805, defendant was charged with two counts of failing to appear while released on bail. (Pen. Code, 1320.5.)[1] On October 26, 2006, defendant pled no contest to one of the failure to appear counts. In addition, in case No. CM024999, defendant pled no contest to possession of a controlled substance as a misdemeanor, and in case No. SCR56054, defendant pled no contest to battery ( 243, subd. (b)) as a misdemeanor. Defendant was sentenced to the midterm of two years. Defendant did not obtain a certificate of probable cause. Having undertaken an examination of the entire record, Court find no arguable error that would result in a disposition more favorable to defendant. The judgment is affirmed.
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