P. v. Nunneley
Filed 2/7/08 P. v. Nunneley 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Yuba)
----
THE PEOPLE, Plaintiff and Respondent, v. PATRICK WILLIAM NUNNELEY, Defendant and Appellant. | C055885 (Super. Ct. No. CRF06-531) |
Defendant Patrick William Nunneley barreled into the home of 86-year-old M.K. without her permission, demanded what money [she] had, took at least $1,000 and sexually assaulted her.[1]
Defendant was charged with various theft, sex, and other offenses. He pleaded no contest to forcible rape (Pen. Code, 261, subd. (a)(2)[2]and admitted that he committed that offense during the commission of a burglary ( 667.61, subds. (b), (e)(2)) in exchange for dismissal of the remaining counts and enhancement allegations.
Six weeks later, defendant requested substitute counsel. The trial court conducted a Marsden[3]hearing and denied defendants request. Immediately thereafter, defendant asked to withdraw his plea. The trial court appointed new counsel only for the purposes of determining if there are legal grounds for . . . defendants plea to be withdrawn. Counsel found there were no grounds to withdraw the plea, and the court denied defendants request to withdraw his plea.
The trial court sentenced defendant to 15 years to life, with credit for 195 days (170 actual days and 25 good conduct); ordered him to pay a $3,000 restitution fine ( 1202.4, subd. (b)), a $3,000 parole revocation fine, suspended unless defendants parole is revoked ( 1202.45), $2,250 in victim restitution plus 10 percent interest, a $300 sex offense fine ( 290.3), and a $20 court security fee ( 1465.8); and ordered him to register as a sex offender ( 290) and provide samples ( 296).
Defendant appeals. He 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 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.
Disposition
The judgment is affirmed.
DAVIS, Acting P.J.
We concur:
RAYE , J.
BUTZ , J.
Publication courtesy of California free legal advice.
Analysis and review provided by Carlsbad Property line attorney.
[1] These facts are taken from the preliminary hearing transcript, which defendant stipulated could be used as the factual basis for his plea.
[2] Hereafter, undesignated section references are to the Penal Code.
[3] (People v. Marsden (1970) 2 Cal.3d 118.)
