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The People v. Randy Lee Felton

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT


December 13, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RANDY LEE FELTON, DEFENDANT AND APPELLANT.

(Santa Clara County Super. Ct. No. BB944901)

The opinion of the court was delivered by: Mihara, Acting P. J.

P. v. Felton CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Randy Lee Felton was charged with assault on a police officer with a deadly weapon or by means likely to produce great bodily injury (Pen. Code, § 245, subd. (c) - count 1), false imprisonment (Pen. Code, §§ 236, 237 - count 2), resisting an executive officer (Pen. Code, § 69 - count 3), and possession of drug paraphernalia (Health & Saf. Code, § 11364 - count 4). In connection with counts 1 and 2, it was also alleged that defendant personally used a dangerous and deadly weapon, an automobile (Pen. Code, §§ 667, 1192.7). There was no preliminary examination.

Defendant signed an Advisement of Rights, Waiver, and Plea Form. At the change of plea hearing, defendant stated that he understood that the maximum exposure to the charges was three years and eight months. Defendant also stated that he understood and gave up his rights to a preliminary examination, to a jury trial, to confront and cross-examine witnesses against him, to present evidence and his own testimony, and to remain silent. Defendant pleaded no contest to counts 2 and 3 in exchange for a prison sentence of two years, eight months, and dismissal of the remaining counts and the personal use allegation in count 2. Both counsel stipulated that there was a factual basis for the plea, which was based on the police report. The trial court sentenced defendant to two years, eight months in state prison. Defendant filed a timely notice of appeal.

Appointed appellate counsel has filed an opening brief which states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf but he has failed to avail himself of the opportunity. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there are no arguable issues on appeal.

The judgment is affirmed.

WE CONCUR:

McAdams, J.

Duffy, J.

20101213

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