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People v. Sherrill

California Court of Appeals, Third District, Butte
Oct 15, 2009
No. C061014 (Cal. Ct. App. Oct. 15, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. THOMAS CARROLL SHERRILL, Defendant and Appellant. C061014 California Court of Appeal, Third District, Butte October 15, 2009

NOT TO BE PUBLISHED

Super. Ct. No. CM029633

HULL, J.

Pursuant to a negotiated settlement, defendant Thomas Carroll Sherrill pleaded no contest to possession of marijuana for sale and admitted being armed in the commission of the offense. He was sentenced to prison for three years, consisting of the middle term of two years for the drug offense plus one year for the firearm enhancement. The court imposed restitution fines of $200 in accordance with Penal Code sections 1202.4, subdivision (a) and 1202.45.

Facts and Proceedings

Based upon their execution of a search warrant for defendant’s residence, sheriff’s deputies for Butte County found in defendant’s bedroom a glass smoking pipe, a loaded.357-caliber Ruger, three bags of marijuana weighing 76.8 grams, two bags of marijuana weighing 6.5 ounces, and a digital scale. In the living room, the deputies located a bag containing eight grams of marijuana, a baggie with 0.4 grams of methamphetamine, and another bag containing 10 grams of marijuana. In the kitchens was a 1.1 pound bag of marijuana.

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 that would result in a disposition more favorable to defendant.

The judgment is affirmed.

We concur: SIMS, Acting P. J., NICHOLSON, J.


Summaries of

People v. Sherrill

California Court of Appeals, Third District, Butte
Oct 15, 2009
No. C061014 (Cal. Ct. App. Oct. 15, 2009)
Case details for

People v. Sherrill

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. THOMAS CARROLL SHERRILL…

Court:California Court of Appeals, Third District, Butte

Date published: Oct 15, 2009

Citations

No. C061014 (Cal. Ct. App. Oct. 15, 2009)