P. v. Huebner
Filed 6/13/07 P. v. Huebner 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Shasta)
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THE PEOPLE, Plaintiff and Respondent, v. MICHAEL JAMES HUEBNER, Defendant and Appellant. | C054141 (Sup. Ct. No. 05F9254) |
Defendant Michael James Huebner pleaded no contest to petty theft with a prior theft related conviction (Pen. Code, 666) and admitted to a prior strike and a prior prison term. The trial court sentenced him to five years in prison, imposed a $200 restitution fine, stayed a $200 parole revocation fine, imposed a $20 court security fee, ordered a 10 percent collection fee, and awarded 194 days of credit (130 days local time and 64 days conduct).
On November 4, 2005, an employee of a Redding supermarket saw defendant enter the store, walk to the meat counter, grab two packages of meat worth $46.66, and exit the store. The employee followed defendant, confronted him, and ordered him back to the store. Defendant cooperated and the meat was returned to stock. Defendant later admitted that he assumed he would trade the meat for methamphetamine.
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.
The judgment is affirmed.
MORRISON , J.
We concur:
BLEASE , Acting P.J.
DAVIS , J.
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