P. v. Kiser
Filed 7/11/06 P. v. Kiser 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Tehama)
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| THE PEOPLE, Plaintiff and Respondent, v. RHONDA KAYE KISER, Defendant and Appellant. |
C051765
(Super. Ct. No. NCR65479)
|
Defendant Rhonda Kaye Kiser entered a negotiated plea of guilty to five counts of embezzlement and one count of theft from an elder in exchange for dismissal of the remaining counts. The trial court sentenced defendant to five years and eight months in state prison, consisting of the middle term of three years on the theft count and consecutive terms of eight months (one-third the middle term) on each of the four embezzlement counts. Sentence on a fifth embezzlement count was stayed. Defendant was awarded one day of presentence custody credit, ordered to provide blood and DNA samples and ordered to pay an $800 restitution fine, another $800 restitution fine suspended unless parole is revoked, a $20 court security fee, and $62,947.82 in victim restitution.
Defendant appeals. She 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 asks us 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.
SCOTLAND , P.J.
We concur:
NICHOLSON , J.
RAYE , J.
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