P. v. Smith
Filed 10/20/06 P. v. Smith CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. RONALD DEAN SMITH, Defendant and Appellant. | C050937
(Super. Ct. No. CM012431)
|
In November 1999, defendant Ronald Dean Smith pled no contest to one count of child molestation and he was placed on probation for four years.
In September 2005, defendant filed a motion to reduce the child molestation offense to a misdemeanor (Pen. Code, § 17, subd. (b)(3)) and to dismiss the charge (Pen. Code, § 1203.4). The motion was denied.
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 order denying the motion is affirmed.
ROBIE , J.
We concur:
RAYE , Acting P.J.
MORRISON , J.
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