Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CRF08209
ROBIE, J.
Defendant Anthony Duane Howard pled no contest to felon in possession of a firearm, at which time the People withdrew their motion to amend the information to add enhancements for five prior prison terms. Defendant reaffirmed his plea at a subsequent hearing after receiving additional advisements. Concluding that defendant’s recidivist behavior “far outweigh[ed]” other factors, the trial court denied probation and sentenced defendant to the upper term of three years in state prison.
According to the factual basis for the plea stated by the People, the charge stemmed from an incident in which defendant was a passenger in a vehicle when a police officer observed him to be hiding something, which, upon inquiry, was revealed to be a handgun. Defendant had numerous prior felony convictions, including a 1998 conviction for possession of ephedrine for the purpose of manufacturing methamphetamine. Prior to entering his plea, defendant filed a motion to suppress evidence, which he later withdrew.
Defendant appealed.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to review the record and determine whether there are any arguable issues on appeal. 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.
We have undertaken an independent examination of the entire record and have found no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: HULL , Acting P. J., BUTZ , J.