P. v. Brejcha CA3
Appointed counsel for defendant Jonathan Wayne Brejcha asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
Defendant pleaded no contest to second degree robbery. (Pen. Code, § 211.) Sentencing was deferred on condition that defendant complete a six-month residential rehabilitation program, but if he failed to do so he would be sentenced to a stipulated upper term of five years in state prison with credits calculated at 85 percent. On successful completion of the program, he would receive probation for two to five years with up to one year in county jail. The prosecutor stated the factual basis for the plea as follows: “The defendant pushed the victim to the ground and took the victim’s hunting knife, wallet containing approximately $235 in cash along with his
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