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P. v. Rhinehart

P. v. Rhinehart
01:30:2009



P. v. Rhinehart



Filed 12/30/08 P. v. Rhinehart 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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



(Yolo)



THE PEOPLE,



Plaintiff and Respondent,



v.



DONALD EUGENE RHINEHART,



Defendant and Appellant.



C058628



(Super. Ct. No. 063992)



Defendant Donald Eugene Rhinehart entered into a negotiatedsettlement whereby he pleaded no contest to possession of ammunition by a person prohibited from owning or possessing a firearm (Pen. Code,  12316, subd. (b)(1)) and admitted a prior strike conviction in exchange for a state prison sentence of four years. Defendant waived his right to a probation report and was immediately sentenced to prison for four years. The court imposed restitution fines of $200 in accordance with Penal Code sections 1202.4 and 1202.45.



FACTS



On September 25, 1981, defendant was convicted of first degree burglary. On December 21, 2006, defendant was found in possession of a 12-gauge shotgun shell by Yolo County narcotics officers. Defendant admitted the shell was his.



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 that would result in a disposition more favorable to defendant.



The judgment is affirmed.



BLEASE , J.



We concur:



SCOTLAND , P. J.



DAVIS , J.



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Description Defendant Donald Eugene Rhinehart entered into a negotiatedsettlement whereby he pleaded no contest to possession of ammunition by a person prohibited from owning or possessing a firearm (Pen. Code, 12316, subd. (b)(1)) and admitted a prior strike conviction in exchange for a state prison sentence of four years. Defendant waived his right to a probation report and was immediately sentenced to prison for four years. The court imposed restitution fines of $200 in accordance with Penal Code sections 1202.4 and 1202.45. The judgment is affirmed.


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