P. v. Stephens
Filed 2/14/06 P. v. Stephens 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. RICHARD WILLIAM STEPHENS, Defendant and Appellant. | C050317
(Super. Ct. No. 04F00709)
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Defendant Richard William Stephens entered a negotiated plea of no contest to two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2)),[1] admitted one allegation of having personally used the firearm (§ 12022.5, subd. (a)) and one allegation of having inflicted great bodily injury (§ 12022.7, subd. (a)). He also admitted a 1983 prior strike for voluntary manslaughter with a weapon. (§§ 667, subds. (b)-(i), 1170.12.) The trial court imposed the stipulated sentence of 15 years in state prison, comprised of the following: the middle term of three years, doubled to six years, for one assault count, one-third the middle term of one year, doubled to two years, for the other assault count, three years for inflicting great bodily injury and four years for personally using a firearm.
Defendant appeals.
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 have elapsed, and we have received no communication from defendant.
In order for a defendant who has pleaded no contest to preserve the limited issues cognizable on appeal, he or she must comply with the procedural requirements of section 1237.5 and its implementing rule, rule 30(b) of the California Rules of Court. (People v. Mendez (1999) 19 Cal.4th 1084, 1088.) Section 1237.5 provides: â€
