Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Super. Ct. No. 07F03606
CANTIL-SAKAUYE, J.
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436.
At a jury trial, several correctional officers testified that on October 26, 2006, they saw defendant Anival Jaime Trujillo, a state prisoner, throw an object over a prison fence after he ran to avoid being searched. The object was a sharpened U-shaped piece of metal fence tie with a handle fashioned out of a shoelace. Defendant testified that he ran to discard contraband tobacco, and that he had never seen the sharpened metal object before. Defendant was impeached with three prior convictions.
The jury convicted defendant of possession by a state prisoner of a sharp instrument (Pen. Code, § 4502) and found he had a prior strike conviction (id., §§ 667, subds. (b)-(i), 1170.12).
The trial court sentenced defendant to the midterm of three years, doubled to six years for the strike.
Defendant timely filed this appeal.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 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 errors that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: BLEASE, Acting P. J. ROBIE, J.