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People v. Lister

California Court of Appeals, Third District, Tehama
Apr 29, 2008
No. C056471 (Cal. Ct. App. Apr. 29, 2008)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. JAMES LISTER, Defendant and Appellant. C056471 California Court of Appeal, Third District, Tehama April 29, 2008

NOT TO BE PUBLISHED

Super. Ct. No. NCR69568

HULL, J.

On July 10, 2006, an agent of the California Department of Corrections and a member of the Tehama County District Attorney’s Office went to a residence in Gerber to arrest defendant James Lister for violating parole. Defendant ran out the door before they could arrest him. During the pursuit, defendant managed to strike a man and steal his truck, dragging the victim behind the vehicle for about 30 feet before successfully fleeing. Officers found defendant coming out of a residence on July 19, 2006. He had armed himself with a shotgun while he was inside the house, though defendant was unarmed when arrested.

Defendant entered a negotiated plea of guilty to felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)) and admitted enhancements for two prior prison terms (Pen. Code, § 667.5, subd. (b)). The court sentenced defendant to five years in prison and imposed various fines and fees.

Having failed to obtain a certificate of probable cause, 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: BLEASE, Acting P.J., NICHOLSON, J.


Summaries of

People v. Lister

California Court of Appeals, Third District, Tehama
Apr 29, 2008
No. C056471 (Cal. Ct. App. Apr. 29, 2008)
Case details for

People v. Lister

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. JAMES LISTER, Defendant and…

Court:California Court of Appeals, Third District, Tehama

Date published: Apr 29, 2008

Citations

No. C056471 (Cal. Ct. App. Apr. 29, 2008)