P. v. Scow

Filed 11/30/05 P. v. Scow CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

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THE PEOPLE, Plaintiff and Respondent, v. KARI MICHELLE SCOW, Defendant and Appellant.

C049258 (Super. Ct. No. 04F01597)

Defendant Kari Michelle Scow entered a negotiated plea of no contest to three counts of grand theft (Pen. Code, § 487, subd. (a))^[1] and three counts of obtaining money or property by false pretenses (§ 532, subd. (a)). She also admitted that the loss exceeded $50,000 (§ 12022.6, subd. (a)(1)) and that she would be ineligible for probation absent unusual findings since the loss exceeded $100,000 (§ 1203.045, subd. (a)). In exchange for her plea, it was agreed she would be sentenced to a maximum of 28 months in state prison and that she would remain out of custody pending sentencing. Defendant also stipulated to victim restitution in the amount of $146,938.11.

After denying her motion to withdraw her plea, the trial court sentenced defendant to an aggregate term of 28 months in state prison. Defendant appeals. The trial court granted her request for 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 have 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.

DAVIS , J.

We concur:

SIMS , Acting P.J.

HULL , J.

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^[1] Undesignated statutory references are to the Penal Code.