IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)
February 2, 2012
THE PEOPLE, PLAINTIFF AND RESPONDENT,
BRIAN FLAGSTEAD, DEFENDANT AND APPELLANT.
(Super. Ct. No. 10F06258)
The opinion of the court was delivered by: Hull , Acting P. J.
P. v. Flagstead
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 September 9, 2010, defendant Brian Flagstead, an inmate at Folsom State Prison, was in possession of a useable amount of methamphetamine.
Defendant pleaded no contest to possessing methamphetamine in prison (Pen. Code, § 4573.6) and admitted a prior strike, with a maximum four-year prison term. The trial court denied defendant's motion to dismiss the strike and sentenced defendant to four years in state prison, imposed various fines and fees, and awarded 144 days of presentence credit (96 actual and 48 conduct).
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 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.
The judgment is affirmed.
We concur: BUTZ , J. MAURO , J.
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