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The People v. Kevin Ray Irwin

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


April 14, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
KEVIN RAY IRWIN, DEFENDANT AND APPELLANT.

(Super. Ct. No. CRF09427)

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

P. v. Irwin

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Kevin Ray Irwin ordered and received a meal at a Denny's restaurant. However, instead of paying for the meal, defendant handed the server an identification card and another plastic card of some type. The server informed defendant he would have to pay for his meal. Defendant became agitated and told her he would return another day and pay for the food. When the server attempted to call the police, defendant went behind the counter, physically assaulted the server, forcibly took his cards from her and fled. Police found him hiding in the bushes outside of the restaurant.

Represented by counsel, defendant entered a negotiated plea of no contest to one count of assault likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)) in exchange for dismissal of all remaining charges against him. The court denied probation and sentenced defendant to the low term of two years in state prison. The court imposed specified fees and fines, and awarded defendant 452 days of presentence custody credit.*fn1 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 elapsed, and we received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.

DISPOSITION

The judgment is affirmed.

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


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