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People v. Guthmiller

California Court of Appeals, Third District, Tehama
Mar 18, 2011
No. C065976 (Cal. Ct. App. Mar. 18, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. PHILLIP JOSEPH GUTHMILLER, Defendant and Appellant C065976 California Court of Appeal, Third District, Tehama March 18, 2011

NOT TO BE PUBLISHED

Super. Ct. No. NCR79381

MURRAY, J.

Defendant Phillip Joseph Guthmiller escaped from prison and was apprehended nine days later. He pled guilty to escape from prison without violence (Pen. Code, § 4530, subd. (b)) and admitted that he had a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served a prior prison term (§ 667.5, subd. (b)). In exchange for his plea, it was agreed that defendant would receive a state prison term of seven years. At the subsequent sentencing hearing, the trial court sentenced defendant in accordance with this agreement.

All further undesignated statutory references are to the Penal Code.

Defendant appealed.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requested the court to review the record and determine whether there are any arguable issues on appeal. Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing the opening brief. More than 30 days have elapsed, and we have received no communication from defendant.

We have undertaken an independent examination of the entire record and have found no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

We concur: RAYE, P. J., BUTZ, J.


Summaries of

People v. Guthmiller

California Court of Appeals, Third District, Tehama
Mar 18, 2011
No. C065976 (Cal. Ct. App. Mar. 18, 2011)
Case details for

People v. Guthmiller

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. PHILLIP JOSEPH GUTHMILLER…

Court:California Court of Appeals, Third District, Tehama

Date published: Mar 18, 2011

Citations

No. C065976 (Cal. Ct. App. Mar. 18, 2011)