P. v. Ingalls

Filed 3/5/09 P. v. Ingalls 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

JAMES MAYO INGALLS,

Defendant and Appellant.

C059312

(Super. Ct. No. CM028713)

On March 7, 2008, Butte County Sheriffs deputies arrested defendant James Mayo Ingalls for a parole violation. A search of defendant revealed several baggies of methamphetamine, drug paraphernalia, and pay/owe sheets. A search warrant for the residence was obtained, and officers found more methamphetamine, marijuana, drug paraphernalia, and what appeared to be stolen mail.

Defendant entered a negotiated plea of no contest to possession of methamphetamine for sale. (Health & Saf. Code, 11378.) The court sentenced defendant to an upper term of three years in prison, imposed various fines and fees, and awarded no custody credits pursuant to People v. Bruner (1995) 9 Cal.4th 1178, as he was absconded from parole at the time of his arrest.

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 that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

RAYE , J.

We concur:

BLEASE , Acting P. J.

ROBIE , J.

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Description	On March 7, 2008, Butte County Sheriffs deputies arrested defendant James Mayo Ingalls for a parole violation. A search of defendant revealed several baggies of methamphetamine, drug paraphernalia, and pay/owe sheets. A search warrant for the residence was obtained, and officers found more methamphetamine, marijuana, drug paraphernalia, and what appeared to be stolen mail. Court 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, Court find no arguable error that would result in a disposition more favorable to defendant.
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