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The People v. Brett Ian Gray

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


August 15, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
BRETT IAN GRAY, DEFENDANT AND APPELLANT.

(Super. Ct. No. CM033642)

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

P. v. Gray

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Brett Ian Gray asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error and no entitlement to additional presentence credit. We will affirm the judgment.

I

Defendant attempted to break into the victim's home on June 24, 2010. He was arrested for violating a restraining order. During a booking search, officers found a piece of foil containing 0.24 grams of methamphetamine in defendant's wallet.

Defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and disobeying a domestic relations court order (Pen. Code, § 273.6, subd. (a)). He also admitted a prior prison term allegation (Pen. Code, § 667.5, subd. (b)).

The trial court sentenced defendant to an aggregate term of four years, consisting of the upper term of three years for possession of methamphetamine, one year for the prior prison term, and a concurrent one-year county jail term for violating the domestic relations court order. The trial court suspended execution of sentence and granted probation for a term of 48 months. Defendant entered a Johnson waiver,*fn1 giving up 60 days total credit in exchange for a grant of probation.

Defendant did not obtain a certificate of probable cause. (Pen. Code, § 1237.5.)

II

Appointed counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 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 that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: BLEASE , Acting P.J. HULL ,J.


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