P. v. Xiong

Filed 10/30/06 P. v. Xiong 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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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Defendant Chou Xiong pleaded no contest to having a concealed weapon in a vehicle (Pen. Code, § 12025, subd. (a)(1); unspecified section references that follow are to the Penal Code) in exchange for dismissal of the remaining count and a separate pending matter. The trial court sentenced defendant to the middle term of two years in state prison, with credit for 201 days, imposed a $400 restitution fine (§ 1202.4), a $400 parole revocation fine (§ 1202.45) and a $20 court security fee (§ 1465.8), ordered he provide samples (§ 296, subd. (a)(1)) and recommended he attend a drug and alcohol counseling program (§ 1203.096).

Defendant appeals. He failed to 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 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.

DISPOSITION

The judgment is affirmed.

HULL , J.

We concur:

SIMS , Acting P.J.

ROBIE , J.

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