P. v. Tucker
Filed 7/12/12 P. v.
Tucker 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NOT
TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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.
ROBERT ANDREW TUCKER,
Defendant and Appellant.
C070076
(Super.
Ct. No. CRF11220)
Appointed counsel for defendant
Robert Andrew Tucker asked this court to review the record to determine whether
there are any arguable issues on
appeal. (People 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
On April 17, 2011, defendant and his codefendant,
Feliciano Pena, went into the victim’s bedroom and beat the victim on his face,
head and torso. The beating was in
retaliation for an earlier verbal dispute the victim had with one of their
relatives. The victim suffered a
laceration to his face with substantial bleeding and was rendered unconscious
during the attack.
Defendant was charged with battery with
serious bodily injury, assault by force likely to produce great bodily injury,
and misdemeanor battery. (Pen. Code, §§
243, subd. (d), 245, subd. (a)(1), 242.)
With respect to the first two charges, it was alleged defendant had
served two prior prison terms within the meaning of section 667.5, subdivision
(b).
Defendant pleaded no contest to assault
with force likely to produce great bodily injury (§ 245, subd. (a)(1)) based on
the understanding he would receive the middle term of three years and the
remaining charges would be dismissed.
On May 20, 2011, the trial court sentenced
defendant to the agreed upon three years in state prison. The trial court also imposed a $600
restitution fine, a suspended $600 parole revocation fine, a $40 court security
fee, and a $30 criminal conviction assessment.
Defendant was awarded 68 days of presentence
conduct days).
Defendant appeals with a certificate of
probable cause. (§ 1237.5.)
II
Appointed counsel
filed an opening brief that set forth
the facts of the case and asked 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 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.
MAURO , J.
We concur:
NICHOLSON , Acting P. J.
BUTZ , J.
name="_ftn1" title="">[1] Undesignated statutory references are to the
Penal Code.
