IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yuba)
July 19, 2012
THE PEOPLE, PLAINTIFF AND RESPONDENT,
LARRY EUGENE TOMBS, DEFENDANT AND APPELLANT.
(Super. Ct. No. CRF11421)
The opinion of the court was delivered by: Hull , J.
P. v. Tombs
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
About 2:00 a.m. on August 8, 2011, defendant Larry Eugene Tombs crawled through the window of his girlfriend's trailer and assaulted her, causing bruising and swelling to her face and wrists.
Defendant entered a negotiated plea of no contest to domestic violence (Pen. Code, § 273.5; count 1) and first degree burglary (Pen. Code, § 459; count 2) in exchange for a stipulated seven-year sentence in state prison, his release from custody pending sentencing with a waiver pursuant to People v. Cruz (1988) 44 Cal.3d 1247, 1254, footnote 5, promising to meet with probation, to stay away from the victim, to appear for sentencing, to submit to search, and to obey all laws, and, if he satisfied the terms of the Cruz waiver, count 2 would be dismissed at sentencing, resulting in a stipulated sentence of the upper term of four years for count 1.
Defendant sought substitute counsel and to withdraw his plea. After conducting a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118, the court denied defendant's motions for substitute counsel and to withdraw his plea.
Defendant complied with the Cruz waiver. The court allowed defendant to withdraw his plea to count 2 and dismissed count 2. The court sentenced defendant to state prison for the four-year term.
Defendant appeals. He did not obtain a certificate of probable cause (Pen. Code, § 1237.5).
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: RAYE , P. J. ROBIE , J.
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