P. v. Hobdy
Filed 10/16/06 P. v. Hobdy 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. ROBERT ALLEN HOBDY, Defendant and Appellant. | C052096
(Super. Ct. No. CM018043)
|
Defendant Robert Allen Hobdy was placed on probation in March 2003 after pleading no contest to battery with serious bodily injury. (Pen. Code, § 243, subd. (d).)[1] Upon defendant’s third violation of probation, reinstatement was denied and defendant was sentenced in February 2006 to the midterm of three years in state prison. Defendant was awarded 565 days of custody credit and ordered to pay a $200 restitution fine (§ 1202.4, subd. (b)) and another $200 restitution fine suspended unless parole is revoked (§ 1202.45). The court reserved jurisdiction over the issue of direct victim restitution. (§ 1202.4, subd. (f).)
Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)
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:
NICHOLSON , Acting P. J.
CANTIL-SAKAUYE , J.
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[1] Undesignated statutory references are to the Penal Code.
