Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CM026481
RAYE, J.Defendant Andrew Joseph Cipolla, Jr., went to his ex-girlfriend’s residence and accused her of having sex with other men. He followed her into a bathroom, repeated his accusation, pulled out a folding knife, exposed the blade, held it close to her face, said that he would kill her, and then put the knife away. He brought the knife back out two or three more times and repeated his threat. Finally, the victim yelled out to another person in the house to call law enforcement. Defendant left the bathroom and fled from the residence.
Because defendant pled guilty, our statement of facts is taken from the probation officer’s report.
Defendant pled guilty to threatening to commit a crime that will result in death or great bodily injury. (Pen. Code, § 422.) In exchange, three related counts, two weapon use allegations, and a strike allegation were dismissed with a Harvey waiver.
All further statutory references are to the Penal Code.
People v. Harvey (1979) 25 Cal.3d 754 (Harvey).
Defendant was sentenced to state prison for two years and awarded 49 days of custody credit and 24 days of conduct credit. The trial court imposed a restitution fine of $400 (§ 1202.4, subd. (b)) and suspended an additional restitution fine in the same amount pending successful completion of parole. (§ 1202.45.) The court also imposed a $20 court security fee. (§ 1465.8.)
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: SIMS , Acting P.J., DAVIS , J.