Opinion
C056181
4-18-2008
THE PEOPLE, Plaintiff and Respondent, v. CHARLES WARREN FORBES, Defendant and Appellant.
NOT TO BE PUBLISHED
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by Wende, we affirm the judgment.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 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.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On March 13, 2007, defendant and two companions (one male and one female) were observed jumping the fence and entering upon property that belonged to the Newmans. A short time later, they were observed returning from the property, with defendant and his male companion each carrying chainsaws. A neighbor yelled that she had called the sheriff. Defendant and his male companion ran back to the Newmans property and then ran toward a blue parked car, no longer carrying chainsaws.
Officers located and followed the blue car. Defendants male companion jumped out of the car and was detained. Other officers stopped the car and detained defendant and his female companion. Witnesses identified defendant and his companions. Two chainsaws were reported missing from the Newmans shed. The missing chainsaws were located in a van on the Newmans property.
Pursuant to a negotiated plea, defendant pled guilty to felony receipt of stolen property (Pen. Code, § 496, subd. (a)) with the understanding that he would be immediately sentenced to the upper term of three years, and the remaining charges and prior conviction allegations would be dismissed.
Undesignated statutory references are to the Penal Code.
The trial court sentenced defendant to the upper term of three years, ordered defendant pay a $600 restitution fine (§ 1202.4, subd. (b)), a $600 restitution fine suspended unless parole is revoked (§ 1202.45), an administrative fee of $25, and a $20 court security fee (§ 1465.8). The trial court also awarded defendant 120 days credit for time served.
Defendant appealed. He did not obtain a certificate of probable cause. (§ 1237.5.)
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:
NICHOLSON, J.
ROBIE, J.