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The People v. Dyanne Lavern Johnson

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


June 11, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DYANNE LAVERN JOHNSON, DEFENDANT AND APPELLANT.

(Super. Ct. No. CM034963)

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

P. v. Johnson 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 August 13, 2011, defendant Dyanne Lavern Johnson shoplifted several items, (jewelry, a swimsuit and cover up, and fishing sinkers) worth $117.34 from Wal-Mart, concealing the items in her purse. When questioned by an officer, defendant gave a false name and date of birth and an altered Social Security card.

Defendant pled no contest to petty theft with three prior theft-related convictions and to giving false information to an officer, a misdemeanor, in exchange for dismissal of an on-bail enhancement.

The court denied probation and sentenced defendant to prison for the midterm of two years for the petty theft offense and a concurrent six-month term for giving false information. The court awarded 122 days of presentence custody credit. Defendant appeals.

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.

DISPOSITION

The judgment is affirmed.

We concur: BUTZ , J. MURRAY , J.

20120611

© 1992-2012 VersusLaw Inc.



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