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Filed 5/12/17 P. v. Guidera CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
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THE PEOPLE,
Plaintiff and Respondent,
v.
FRANK JOSEPH GUIDERA III,
Defendant and Appellant.
C083441
(Super. Ct. No. CM043732)
Appointed counsel for defendant Frank Joseph Guidera III asks this court to
review the record to determine whether there are any arguable issues on appeal. (People
v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a
disposition more favorable to defendant, we will affirm the judgment.
BACKGROUND
On October 7, 2015, around 3:30 a.m., Teresa Fourshay was at her home with her
daughter, Adrienne Nelson, and defendant, who was her daughter’s boyfriend. Fourshay
argued with defendant and then told him to leave. Defendant and Nelson then left.
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While they were away they argued and defendant pushed and grabbed Nelson “to keep
her from leaving.” About 4:00 p.m., defendant returned without Nelson and told
Fourshay something like, “[T]he war is on. You are going to die,” and left on foot.
Later, she saw defendant through the bedroom window, where he was standing outside
the home. Defendant yelled at her and asked where Nelson was. Fourshay went into the
living room to call 911. Defendant forced open a locked door between the living room
area and the garage. Fourshay saw defendant standing in the doorway, holding what
appeared to be a knife behind his back. Defendant eventually left and Fourshay called
911.
Defendant pleaded no contest to first degree burglary (Pen. Code, § 459) and
battery of Nelson, a misdemeanor (Pen. Code, § 243, subd. (e)(1)). The trial court
imposed a six-year state prison term, ordered various fines and fees, and awarded 405
days of presentence credit (203 actual and 202 conduct).
Defendant appeals. He did not obtain a certificate of probable cause.
DISCUSSION
Counsel filed an opening brief that sets forth the facts of the case and requests that
we review the record and determine whether there are any arguable issues on appeal.
(People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right
to file a supplemental brief within 30 days of the date of the 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.
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DISPOSITION
The judgment is affirmed.
/s/
DUARTE, J.
We concur:
/s/
HULL, Acting P. J.
/s/
ROBIE, J.