IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT Placer
April 8, 2011
THE PEOPLE, PLAINTIFF AND RESPONDENT,
ROBERT TURNER BATTON, DEFENDANT AND APPELLANT.
Super. Ct. No. 62-090806A
The opinion of the court was delivered by: Butz ,j.
P. v. Batton 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Robert Turner Batton used another person's checks to electronically transfer funds to pay his bills. He has a prior conviction for armed robbery in Wisconsin.
Defendant pleaded guilty to identity theft. (Pen. Code, § 530.5, subd. (a))*fn1 and admitted a prior serious felony conviction (§§ 667, 1170.12) for the armed robbery. The court sentenced defendant to a stipulated term of 32 months in state prison, imposed various fines and fees, and awarded 144 days of presentence credit, consisting of 96 days of actual custody and 48 days of conduct credit.*fn2
Defendant appeals. The trial court denied his request for a certificate of probable cause.
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 entire record, we find no arguable error that would result in a disposition more favorable to defendant.
The judgment is affirmed.
We concur: HULL , Acting P.J. HOCH ,J.