P. v. Talk
Filed 10/21/08 P. v. Talk 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Butte)
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THE PEOPLE, Plaintiff and Respondent, v. JODIE LYNN TALK, Defendant and Appellant. | C057779 (Sup.Ct.No. CM027454) |
Defendant Jodie Lynn Talk drove a van head on into a car parked in front of a gas pump. One of the victims, Dana Wingo, related there was considerable animosity between her and defendant due to defendants jealousy over her boyfriend. Wingos boyfriend was getting ready to pump gas when defendants van struck the car.
Defendant pleaded no contest to assault by means of force likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1)). The court sentenced defendant to a middle term of three years, imposed various fines and fees, and awarded 85 days credit (57 days local time and 28 days conduct).[1]
Having failed to obtain a certificate of probable cause, defendant appeals.
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.
MORRISON , J.
We concur:
SIMS , Acting P.J.
RAYE , J.
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[1] The court also imposed a concurrent one-year term for defendants conviction of misdemeanor battery (Pen. Code, 243, subd. (e)(1)) in an unrelated case.
