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P. v. Pina

P. v. Pina
11:10:2006

P. v. Pina


Filed 10/30/06 P. v. Pina 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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)


----








THE PEOPLE,


Plaintiff and Respondent,


v.


MICHAEL PHILIP PINA,


Defendant and Appellant.



C051366


Superior Ct. Nos.


CM017560


CM017926





Pursuant to a negotiated settlement, defendant Michael Philip Pina pled no contest to what is commonly referred to as petty theft with a prior (Pen. Code, § 666 -- case No. CM017560) and to failure to appear after release on own recognizance (Pen. Code, § 1320.5 -- case No. CM017926). He was sentenced to state prison for two years eight months.


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.


MORRISON , J.


We concur:


RAYE , Acting P.J.


ROBIE , J.


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Description Pursuant to a negotiated settlement, defendant pled no contest to what is commonly referred to as petty theft with a prior and to failure to appear after release on own recognizance. He was sentenced to state prison for two years eight months. On appeal, defendant requests the court to review the record and determine whether there are any arguable issues on appeal. Having undertaken an examination of the entire record, court found no arguable error that would result in a disposition more favorable to defendant.

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