Opinion
NOT TO BE PUBLISHED
Super. Ct. No. F3724
SIMS, Acting P.J.On April 17, 2006, Jessie Truelock, a fairgrounds maintenance worker, saw an old flatbed pickup truck with a “new plastic table” belonging to the fairgrounds. Truelock knew that the truck belonged to defendant Dennis Ray Harder. Truelock called the fairground’s administrative office to contact the sheriff’s department. When Truelock returned to the area, the truck was gone. Calaveras County Sheriff Deputy Kevin Stevens responded to the call of a possible theft. On the drive towards the fairgrounds, Deputy Stevens saw the pickup with the table parked at a residence. The door to the residence was open. Deputy Stevens announced his presence and asked to speak to defendant. Defendant stepped outside the residence. Deputy Stevens asked defendant about the table as well as a signboard in his truck. Defendant admitted he had taken the table and signboard from the fairgrounds but believed the items had been discarded. Defendant was detained while Deputy Stevens went to the fairgrounds and met with Truelock and Ray Malerbi who verified that the items had not been thrown out or given away. Truelock accompanied Deputy Stevens back to the residence where defendant had been detained. Truelock identified the table and the signboard as belonging to the fairgrounds.
Defendant waived his right to a jury trial. After a court trial, defendant was found guilty of receiving stolen property. The court found true two prior prison term allegations.
Defendant’s motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 was granted. New counsel filed a motion for a new trial which was subsequently denied.
The court sentenced defendant to state prison for an aggregate term of four years, that is, the midterm of two years for the receiving offense plus one year each for the two prior prison terms.
Defendant appeals.
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: NICHOLSON, J., ROBIE, J.