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The People v. Kevin Jay Mcbride

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


September 16, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
KEVIN JAY MCBRIDE, DEFENDANT AND APPELLANT.

(Super. Ct. Nos. CRF06-0416, CRF08-3217)

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

P. v. McBride

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 11, 2006, defendant Kevin Jay McBride became extremely intoxicated and, while attempting to ride his bicycle, fell over numerous times causing injury to his two-year-old daughter who was strapped into a child seat on the back of the bike.

Defendant entered a negotiated plea of no contest in case No. CRF06-0416 to willfully causing a child to suffer pain and suffering (Pen. Code, § 273a, subd. (a); unspecified references are to this code) in exchange for dismissal of all remaining charges, no immediate state prison, four years of formal probation, 90 days in county jail or a suitable residential treatment program, placement in which would be subject to a waiver of accrual of custody credits. The court also imposed specified fees and fines and awarded presentence custody credit.

The court placed defendant on four years of formal probation subject to "standard terms and conditions of probation," imposed specified fees and fines, ordered him to serve 90 days in county jail (minus presentence custody credit) and to complete substance abuse counseling and a one-year child abuser's treatment program.

On November 14, 2008, the probation department filed a petition alleging that defendant violated probation in case No. CRF06-0416 by consuming alcohol and violating section 273a, subdivision (a). Thereafter, a complaint was filed in case No. CRF08-3217 charging defendant with violating section 273a, subdivision (a).

By negotiated plea, defendant admitted violating probation in case No. CRF06-0416 and pled no contest to the single charge in case No. CRF08-3217 in exchange for a stipulated sentence of 180 days in county jail (concurrent to a six-month jail term in case No. CRF06-0416), minus presentence custody credits, and four years of formal probation subject to the same terms and conditions as those specified in case No. CRF06-0416,*fn1 including successful completion of a one-year residential substance abuse treatment program and a one-year child abuser's treatment program, subject to a waiver of accrual of custody credit.

On November 19, 2010, the probation department filed petitions alleging defendant violated probation in case Nos. CRF06-0416 and CRF08-3217 by consuming alcohol. Pursuant to a negotiated plea agreement, defendant admitted the probation violation as to both cases and stipulated to concurrent four-year state prison sentences. The trial court imposed the stipulated concurrent four-year sentences in case Nos. CFR06-0416 and CFR08-3217, imposed specified fees and fines and awarded presentence custody credit of 413 days (207 actual days plus 206 conduct credits) in case No. CRF06-0416, and 293 days (147 actual days plus 146 conduct credits) in case No. CFR08-3217.*fn2

Defendant filed a timely notice of appeal. We appointed counsel to represent him 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: BLEASE , Acting P. J. DUARTE , J.


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