Fear Not Law Articles: P. v. Taylor

P. v. Taylor

Filed 5/30/07 P. v. Taylor 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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)

----

THE PEOPLE,

Plaintiff and Respondent,

BERT BARKLEY TAYLOR,

Defendant and Appellant.

C053110

(Super. Ct. No. CM023627)

In July 2005, defendant Bert Barkley Taylor assaulted the victim by means of force likely to produce great bodily injury.^{^[1]}

In May 2006, defendant pleaded no contest to violation of Penal Code section 245, subdivision (a)(1).^{^[2]} In exchange, a great bodily injury allegation ( 12022.7, subd. (a)) and prior prison term allegations ( 667.5, subd. (b)) were dismissed.

Defendant was sentenced to state prison for four years, awarded 48 days of custody credit and 24 days of conduct credit, and ordered to pay an $800 restitution fine ( 1202.4, subd. (b)), an $800 restitution fine suspended unless parole is revoked ( 1202.45) and a $20 court security fee ( 1465.8).

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 , J.

We concur:

BLEASE , Acting P.J.

MORRISON , J.

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^{^[1]} Because defendant pleaded no contest and waived referral to probation, our statement of facts is taken from the allegations of the information.

^{^[2]} Hereafter, undesignated section references are to the Penal Code.

Description	In July 2005, defendant Bert Barkley Taylor assaulted the victim by means of force likely to produce great bodily injury. In May 2006, defendant pleaded no contest to violation of Penal Code section 245, subdivision (a)(1). In exchange, a great bodily injury allegation ( 12022.7, subd. (a)) and prior prison term allegations ( 667.5, subd. (b)) were dismissed. Defendant was sentenced to state prison for four years, awarded 48 days of custody credit and 24 days of conduct credit, and ordered to pay an $800 restitution fine ( 1202.4, subd. (b)), an $800 restitution fine suspended unless parole is revoked ( 1202.45) and a $20 court security fee ( 1465.8). The judgment is affirmed.
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