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The People v. Robert Paul Poliquin

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


May 19, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROBERT PAUL POLIQUIN, DEFENDANT AND APPELLANT.

Super. Ct. No. CM032625

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

P. v. Poliquin 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 February 23, 2010, a clerk at a Paradise gas station caught defendant Robert Paul Poliquin taking packages of cigarettes from a display case. Defendant ran from the store; the clerk pursued and caught defendant. Defendant punched the clerk several times and fled the area. Defendant was later identified by a witness and apprehended.

Defendant pled no contest to second degree robbery (Pen. Code, § 211). The court sentenced defendant to three years in state prison, imposed various fines and fees, and awarded 66 days' presentence credit.

Defendant appeals. He did not obtain 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 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 that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: ROBIE , J. MAURO ,J.

20110519

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