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Filed 8/3/16 P. v. Fisher CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Placer)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

TIMOTHY RUSSELL FISHER,

Defendant and Appellant. C081507

(Super. Ct. No. 62

- 136445)

Appointed counsel for defendant Timothy Russell Fisher ask s this court to review

the record for any arguable issues on appeal. ( People v. Wende (1979) 25 Cal.3d 436.)

After reviewing the entire record, we affirm the judgment.

BACKGROUND

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, 123

- 124.)2

Wanting to go to jail, defendant vandalized a truck belonging to the manager of a

tire store ; defendant had previously applied for a job there

. Around noon, d efendant

walked into the tire s tore and lit a cigarette in order to get attention. The manager saw

him and told him to leave. T he manager recogniz ed defendant from a previous incident

where he had call ed the police because defendant was smoking in the store showroom.

The manager walked defendant outside and called the police . Defendant then

calmly and nonchalantly told the manager he had scratched a truck. D efendant then

showed him the truck. I t was the manager’s 2014 Dodge R am pickup truck

. A collision

center later estimate d the cost of repair at $1,311.40.

At trial, defendant testified, explaining he had wanted to go to jail. He had just

been released from jail

, he was on the street, and it was cold and rainy. “Unfortunately

you can’t just knock on the door of the jail and say I’m ready to come back. I have to do

something

. . . . ”

A jury convicted defendant o f vandalism causing $400 or more in damages. (Pen.

Code, § 594, subd. (b)(1).) Defendant admitted to having two prior convictions

. (Pen.

Code, § 667.5, subd. (b)

. )

The court imposed an aggregate four

- year term: the middle term of two years for

the va ndalism and one year each for his two prior prison terms. The court awarded 737

days of credit (369 actual and 368 conduct) . The court also imposed various fees and

fines and ordered restitution in th e amount of $1,334.46.

We appointed counsel to repre sent defendant on appeal. Counsel filed an opening

brief set ting forth the facts of the case and requests this court to review the record to

determine whether there are any arguable issues on appeal. ( People v. Wende

, supra ,

25 Cal.3d 436.) Defendant was advised of his 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 have

received n o communication from defendant.3

Having examined the record, we find no arguable err or that would result in a

disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

NICHOLSON , Acting P. J.

We concur:

DUARTE , J.

RENNER , J.