The People v. McGuire CA3

Filed 10/7/13 P. v. McGuire CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C072984

Plaintiff and Respondent, (Super. Ct. Nos. CM036931, CM037352) v.

RONALD WAYNE MCGUIRE,

Defendant and Appellant.

Appointed counsel for defendant Ronald Wayne McGuire has 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.1 (People v. Wende (1979) 25 Cal.3d 436 (Wende).)

1 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 have received no communication from defendant.

1

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

In case No. CM036931, a complaint was filed on July 2, 2012, charging defendant with two counts of second degree commercial burglary (counts 1 & 3; Pen. Code, § 459),2 second degree robbery (count 2; § 211), and misdemeanor resisting or delaying a peace officer (count 4; § 148, subd. (a)(1)). It was also alleged as to counts 1, 2 and 3 that defendant had one prior strike (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).

On August 1, 2012, defendant pleaded no contest to counts 1 and 3, in return for the dismissal of the remaining counts and allegation.

At a hearing on August 29, 2012, the trial court authorized defendant’s transport from jail to a residential substance abuse treatment program and set a status review hearing for September 5, 2012.

In case No. CM037352, a complaint filed October 1, 2012, charged defendant with second degree robbery (count 1; § 211) and petty theft with three priors (count 2; §§ 484/666, subd. (a)). It was also alleged that defendant was released on bail or his own recognizance when he committed the offenses (§ 12022.1) and that he had a prior strike (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).