P. v. Smith

Filed 8/22/06 P. v. Smith CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta)

Defendant Jacob Alan Smith pleaded guilty to one count each of identity theft (Pen. Code, § 530.5, subd. (a); further undesignated statutory references are to this code) and forgery (§ 470, subd. (a)) and admitted he had a prior strike conviction (§ 1170.12) in exchange for a stipulated sentence of five years four months in state prison. In addition, the remaining charges were dismissed and the prosecution agreed that no other known charges would be filed against defendant in Shasta County. At the subsequent sentencing hearing, the trial court denied probation and sentenced defendant in accordance with the plea 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 have elapsed, and we have received no communication from defendant.

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

DISPOSITION

The judgment is affirmed.

BLEASE , Acting P. J.

We concur:

NICHOLSON , J.

CANTIL-SAKAUYE , J.

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