P. v. Powers

Filed 6/2/08 P. v. Powers 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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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Defendant Jaben Nathaniel Powers pled guilty to oral copulation with a child under 10 (Pen. Code, 288.7, subd. (b)) and admitted an allegation of substantial sexual conduct with a victim under the age of 14 (Pen. Code, 1203.066, subd. (a)(8)) in exchange for a stipulated term of 15 years to life in state prison and dismissal of all remaining charges. The parties stipulated to the facts contained in the police report as a factual basis for the plea. The police report, however, is not part of the record on appeal, and defendant waived a probation report. We are therefore unable to set forth the facts underlying this prosecution. Defendant was sentenced according to his plea.

Defendant appealed, and we appointed counsel to represent him on appeal. Counsel filed an opening brief, and asked us 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 the opening brief. More than 30 days have elapsed, and we received no communication from defendant.

Having undertaken an independent examination of the record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

SIMS , Acting P.J.

We concur:

DAVIS , J.

RAYE , J.

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