People v. Kibby CA3
Opinion
Opinion
Filed 9/4/15 P. v. Kibby 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C078026
Plaintiff and Respondent, (Super. Ct. No. CM038284)
v.
ELIJAH BLUE KIBBY,
Defendant and Appellant.
Defendant Elijah Blue Kibby pleaded no contest to first degree burglary (Pen. Code, § 459) and was sentenced to the upper term of six years in state prison.1 On appeal, defendant contends the trial court abused its discretion in imposing the upper term. We conclude the court acted within its discretion and shall affirm the judgment.
1 Undesignated statutory references are to the Penal Code.
FACTUAL AND PROCEDURAL BACKGROUND
On March 13, 2013, a 13-year-old girl was home alone when she heard a knock at the front door.…