IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)
March 1, 2012
THE PEOPLE, PLAINTIFF AND RESPONDENT,
DAVID SAMUEL GRIFFEN, DEFENDANT AND APPELLANT.
(Super. Ct. No. 11F00131)
The opinion of the court was delivered by: Blease , Acting P. J.
P. v. Griffen
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 David Samuel Griffen pleaded guilty to attempting to manufacture a sharp instrument while in prison. He was sentenced to eight months (one-third the midterm) in state prison, to be served consecutively. (Pen. Code, § 4502, subd. (b).)
According to the factual basis provided at the time of his plea, defendant was found in possession of "various melted plastic items which [he] was in the process of manufacturing into sharp weapons."
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to review the record and determine whether there are any arguable issues on appeal. 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.
We have undertaken an independent examination of the entire record and have found no arguable error that would result in a disposition more favorable to defendant.
The judgment is affirmed.
We concur: BUTZ , J. HOCH , J.
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