P. v. Cruz
Filed 3/15/06 P. v. Cruz 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. ALBERT CRUZ, JR., Defendant and Appellant. | C050414
(Super. Ct. No. 04F01073)
|
Defendant Albert Cruz, Jr., pleaded no contest to first degree burglary (Pen. Code, §§ 459, 460, subd. (a))[1] and admitted a serious felony allegation (§ 667, subd. (a)) and a strike allegation (§§ 667, subds. (b)-(i), 1170.12). Two related counts, eight serious felony allegations, and eight strike allegations were dismissed with a Harvey[2] waiver. Defendant was sentenced to state prison for nine years, awarded 535 days of custody credit and 266 days of conduct credit, and ordered to pay a $400 restitution fine (§ 1202.4, subd. (b)) and a $400 restitution fine suspended unless parole is revoked (§ 1202.45). Defendant was ordered to pay restitution to three victims in an amount to be determined. (§§ 1202.4, subd. (f), 2085.5, subd. (b).)
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. 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.
BUTZ , J.
We concur:
MORRISON , Acting P. J.
ROBIE , J.
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[1] Undesignated statutory references are to the Penal Code.
[2] People v. Harvey (1979) 25 Cal.3d 754.
