P. v. Kessee
Filed 4/3/08 P. v. Kessee 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Yuba)
----
THE PEOPLE, Plaintiff and Respondent, v. ABE KESSEE, Defendant and Appellant. | C056977 (Sup.Ct. No. CRF06430) |
Defendant Abe Kessee was arrested for being an illegal passenger on a Union Pacific train and throwing a lighted flare from the train, causing a grass fire. He waived his right to a preliminary hearing and pleaded no contest to one count of maliciously setting fire to, burning or causing to be burned any property (Pen. Code, 451, subd. (d); further undesignated references are to this code) in exchange for dismissal of all remaining charges subject to a Harvey[1]waiver and a promise of no immediate state prison. The court placed defendant on three years probation and ordered that he serve 90 days in county jail. Defendant was awarded 61 days of presentence custody credit and ordered to pay various fees and fines, including a $200 restitution fine ( 1202.4, subd. (b)), a $200 probation revocation fine ( 1202.44), stayed pending successful completion of probation, a $20 court security fee ( 1465.8), and a monthly fee of $20 for probation services. Defendant was also ordered to register as an arsonist pursuant to section 457.1.
Approximately 14 months later, defendant admitted allegations that he violated probation by failing to report monthly as directed, failing to notify probation of any change of address, failing to seek and maintain gainful employment and failing to register as an arsonist. The court terminated probation, sentenced defendant to the low term of 16 months in state prison, and ordered that he pay the previously suspended probation revocation fine of $200 ( 1202.44). The court also imposed a $200 parole revocation fine ( 1202.45), stayed pending successful completion of parole, reaffirmed the previously imposed $20 court security fee ( 1465.8) and reminded defendant that he was obligated to register as an arsonist ( 457.1). Defendant was awarded 179 days of custody credits.
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.
MORRISON , J.
We concur:
SIMS , Acting P.J.
CANTIL-SAKAUYE , J.
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[1]People v. Harvey (1979) 25 Cal.3d 754.
