P. v. Buck
Filed 1/22/09 P. v. Buck 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Shasta)
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THE PEOPLE, Plaintiff and Respondent, v. JOSHUA LEE BUCK, Defendant and Appellant. | C059880 (Super. Ct. No. 07F8923) |
On October 12, 2007, defendant Joshua Lee Buck was caring for his five-month-old son, Izaya. The baby was crying and fussing. Defendant got frustrated and tried to throw Izaya onto a pile of clothing, four feet away. He missed. Izaya hit his head on the bottom of the dresser. Izaya died the next day of blunt force trauma injuries to the head.
Defendant was charged with murder and assault resulting in the death of a child under eight years old. He pled no contest to second degree murder, with a stipulated sentence of 15 years to life. The remaining charge was dismissed. Defendant was sentenced in accordance with the plea to 15 years to life. Defendant appeals, but did not obtain a certificate of probable cause.
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.
ROBIE , J.
We concur:
BLEASE , Acting P. J.
RAYE , J.
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