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The People v. Calvin Thompson

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT Sacramento


January 13, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
CALVIN THOMPSON, JR., DEFENDANT AND APPELLANT.

Super. Ct. No. 09F06428

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

P. v. Thompson 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

On August 27, 2009, defendant Calvin Thompson, Jr.,*fn1 was charged with first degree burglary (count one; Pen. Code, § 459), and it was alleged that he was ineligible for probation (Pen. Code, § 462, subd. (a)). On November 23, 2009, the People filed an amended information further alleging defendant was ineligible for probation under Penal Code section 1203, subdivision (k).

Jury trial began on November 23, 2009. The evidence at trial showed that sometime between the evening of August 21, 2009, and the early morning hours of August 22, 2009, defendant broke into the home of Jermaine Johnson, an acquaintance who lived in defendant's neighborhood, while Johnson was out, and stole cash from Johnson's kitchen counter and upstairs bathroom.

On December 2, 2009, the jury found defendant guilty of count one.

On December 31, 2009, after finding that defendant was on felony probation when he committed the offense, the trial court sentenced him to a prison term of two years (the low term). The court imposed a $400 restitution fine (Pen. Code, § 1202.4, subd. (b)); a $400 suspended restitution fine (Pen. Code, § 1202.45); a $10 crime prevention fee (Pen. Code, § 1202.5); a $20 court security fee (Pen. Code, § 1465.8); a $270.17 main jail booking fee (Gov. Code, § 29550.2); a $51.34 main jail classification fee (Gov. Code, § 29550.2); and a $30 court facility fee (Gov. Code, § 70373). The court awarded 193 days of presentence custody credit (129 days' actual credit and 64 days' local credit).

Defendant filed a timely notice of appeal.

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 have elapsed, and we have received no communication from defendant.

Having undertaken an examination of the record, we find no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur:

ROBIE,J.

BUTZ,J.


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