P. v. Kivett
Filed 6/18/13 P. v. Kivett 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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
(Siskiyou)
----
THE PEOPLE,
Plaintiff and Respondent,
v.
JOSEPH MICHAEL KIVETT,
Defendant and Appellant.
C072007
(Super. Ct. No. 111955)
Appointed counsel for defendant Joseph Michael Kivett asked this court
to review the record to determine whether there are any
v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result
in a disposition more favorable to defendant, we will affirm the judgment.
I
A
deputy sheriff contacted defendant and began a parole search. Defendant struggled, removed a plastic bag
from his pants pocket and threw it in a drain.
The bag was recovered and found to contain seven baggies of
methamphetamine. The deputy sustained
abrasions in the struggle.
Defendant
pleaded guilty to possession
of methamphetamine for sale (
ADDIN BA xc <@st> xl 27 s FXPYOG000004 xpl 1 l "Health &
Saf. Code, § 11378" Health & Saf. Code,
§ 11378) and resisting
a peace officer (
ADDIN BA xc <@st> xl 15 s FXPYOG000005 xpl 1 l "Pen. Code, §
69" Pen.
Code, § 69). He also admitted a
prior strike conviction and a prior prison term. The trial court sentenced him to an aggregate
term of eight years four months in prison, consisting of three years for
possession of methamphetamine for sale, doubled for the strike; a consecutive
eight months (one-third the middle term) for resisting a peace officer, doubled
for the strike; and a consecutive one year for the prior prison term
enhancement. The trial court imposed
various fines and fees, including a $1,920 restitution fine, and awarded
defendant 140 days of custody credit.
Defendant
did not obtain a certificate
of probable cause. (
ADDIN BA xc <@st> xl 19 s FXPYOG000007 xpl 1 l "Pen. Code, §
1237.5" Pen.
Code, § 1237.5.)
II
Appointed
counsel filed an opening
brief
setting forth the facts of the case and asking this court to review the record
and determine whether there are any arguable issues on appeal. (Wende,
supra, 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 elapsed and we 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.
MAURO , J.
We concur:
BLEASE , Acting P. J.
NICHOLSON , J.
