Fear Not Law Articles: P. v. Taber

P. v. Taber

Filed 12/2/09 P. v. Taber 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(San Joaquin)

----

THE PEOPLE,

Plaintiff and Respondent,

STEVEN DONALD TABER,

Defendant and Appellant.

C062327

(Super. Ct. No. SF111682A)

Defendant Steven Donald Taber entered a negotiated plea of no contest to knowingly possessing a stolen credit card and a stolen drivers license (Pen. Code, 496, subd. (a)), in exchange for dismissal of a first degree burglary charge (Pen. Code, 459) and a special allegation prohibiting probation in the event of a violent felony (Pen. Code, 1203, subd. (k)) and the promise of a 16-month sentence. The parties stipulated that defendant was addicted to or in danger of becoming addicted to a controlled substance. The court sentenced defendant to 16 months in state prison and imposed specified fees and fines. Pursuant to the parties stipulation, the court suspended criminal proceedings and committed defendant to the California Rehabilitation Center pursuant to Welfare and Institutions Code section 3051. Defendant filed a timely notice of appeal.

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 in favor of defendant.

DISPOSITION

The judgment is affirmed.

HULL, J.

We concur:

SIMS , Acting P. J.

CANTIL-SAKAUYE , J.

Publication courtesy of California pro bono lawyer directory.

Analysis and review provided by Chula Vista Property line attorney.

San Diego Case Information provided by www.fearnotlaw.com

Description	Defendant Steven Donald Taber entered a negotiated plea of no contest to knowingly possessing a stolen credit card and a stolen drivers license (Pen. Code, 496, subd. (a)), in exchange for dismissal of a first degree burglary charge (Pen. Code, 459) and a special allegation prohibiting probation in the event of a violent felony (Pen. Code, 1203, subd. (k)) and the promise of a 16-month sentence. The parties stipulated that defendant was addicted to or in danger of becoming addicted to a controlled substance. The court sentenced defendant to 16 months in state prison and imposed specified fees and fines. Pursuant to the parties stipulation, the court suspended criminal proceedings and committed defendant to the California Rehabilitation Center pursuant to Welfare and Institutions Code section 3051. Defendant filed a timely notice of appeal. Court 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.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.