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The People v. Phillip Joseph Guthmiller

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Tehama)


March 18, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
PHILLIP JOSEPH GUTHMILLER, DEFENDANT AND APPELLANT.

(Super. Ct. No. NCR79381)

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

P. v. Guthmiller

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COPY

Defendant Phillip Joseph Guthmiller escaped from prison and was apprehended nine days later. He pled guilty to escape from prison without violence (Pen. Code, § 4530, subd. (b))*fn1 and admitted that he had a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served a prior prison term (§ 667.5, subd. (b)). In exchange for his plea, it was agreed that defendant would receive a state prison term of seven years. At the subsequent sentencing hearing, the trial court sentenced defendant in accordance with this agreement.

Defendant appealed.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requested the court to review the record and determine whether there are any arguable issues on appeal. Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.

We have undertaken an independent examination of the entire record and have found no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: RAYE, P. J. BUTZ,J.


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