Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CM028124
DAVIS, J.
On November 15, 2007, at about 4:38 a.m., Jerry I. found defendant Christopher Lee Keehl in his living room, facing away from him. The homeowner retrieved his gun and detained defendant at gunpoint. Defendant was holding a bottle of Grand Marnier liqueur in one hand and a small pocketknife in the other. Jerry’s wife Betty called law enforcement from a neighbor’s house and a Butte County sheriff’s deputy was dispatched to the house. The deputy detained defendant and frisked him, finding a loaded BB gun in the waistband of his pants.
We will use the victims’ first names for privacy.
Defendant was arrested and searched. Various items belonging to Jerry and Betty were found in his possession. Jerry noticed an open window; he informed the deputy that it had been closed when he and Betty had gone to bed that evening. As a result of the burglary, Jerry and Betty spent $1,500 upgrading their home security system and purchasing a safe and taser gun.
Defendant entered a negotiated plea of no contest to first degree burglary. (Pen. Code, § 459.) The court sentenced defendant to four years in state prison, ordered $1,500 in victim restitution, imposed various fines and fees, and awarded 88 days’ credits (77 custody and 11 conduct.)
Defendant appeals. He did not obtain a certificate of probable cause.
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 have elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.
Disposition
The judgment is affirmed.
We concur: SCOTLAND, P.J., BLEASE, J.