P. v. Castillo

Filed 10/30/07 P. v. Castillo 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento)

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Defendant Scott Anthony Castillo pled guilty to carjacking (Pen. Code, 215, subd. (a)) and admitted he had personally used a dangerous or deadly weapon in the commission of the offense (Pen. Code, 12022, subd. (b)(2)), stemming from an incident in which defendant assaulted a taxicab driver with a knife and stole his cab. In exchange for defendants plea, the remaining counts and a prior prison term enhancement were dismissed and it was agreed defendant would be sentenced to state prison for a term of eight years. The trial court sentenced defendant in accord with the agreement.

Defendant appealed.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to review the record and determine whether there are any arguable issues on appeal. 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.

We have undertaken an independent examination of the entire record and have found no arguable error that would result in a disposition more favorable to defendant.

The judgment is affirmed.

RAYE , J.

We concur:

DAVIS, Acting P.J.

BUTZ , J.

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