Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 04F8744
SCOTLAND, P.J.
Tim Stayer arrived home and found his mother having sexual intercourse with Christopher McAuliffe. After injuring McAuliffe in a physical altercation, Stayer summoned his brother, Robert Stayer, who arrived with friends, Kevin Skelton and defendant Daniel Coyne. McAuliffe was beaten, doused with bug poison and placed in the bed of defendant’s truck. Defendant drove the truck to a boat ramp where Skelton pulled McAuliffe from the truck bed, kicked him in the ribcage, and told him: “You don’t mess with other people’s mothers.” Robert Stayer stomped and jumped on McAuliffe’s head at least eight times. McAuliffe was found dead near the boat ramp the next day.
Defendant entered negotiated pleas of guilty to involuntary manslaughter and kidnapping, and admitted he personally inflicted great bodily injury in the commission of the latter offense (Pen. Code, §§ 192, subd. (b), 207, subd. (a), 12022.7; further section references are to the Penal Code), and charges of murder, torture, conspiracy to torture, and destruction of evidence were dismissed. Consistent with the plea agreement, defendant was sentenced to state prison for 12 years, with 746 days of custody credit and 111 days of conduct credit, and was ordered to make restitution to the State Victim Compensation Board and to pay a $2,400 restitution fine (§ 1202.4), a $2,400 restitution fine suspended unless parole is revoked (§ 1202.45), and a $20 court security fee (§ 1465.8).
Defense counsel stipulated there was a factual basis for the great bodily injury allegation. (People v. West (1970) 3 Cal.3d 595.)
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record to 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: DAVIS, J., NICHOLSON, J.