Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of San Diego County No. SCD199578, John L. Davidson, Judge.
NARES, J.
Michael Gilbert Wilson entered a negotiated guilty plea to unlawfully taking and driving a vehicle (Veh. Code, § 10851, subd. (a)), and admitted he had suffered a prior felony vehicle theft conviction that qualified as a sentencing enhancement under Penal Code section 666.5, subdivision (a). Pursuant to the plea agreement, the trial court dismissed one count of receiving a stolen vehicle (§ 496, subd. (d)) and one count of providing false information to a police officer (§ 31), and struck four prior prison term allegations. The trial court sentenced Wilson to four years in prison, as stipulated in the plea agreement.
Further statutory references are to the Penal Code.
FACTUAL AND PROCEDURAL BACKGROUND
On June 8, 2006, a San Diego police officer stopped a vehicle driven by Wilson after observing numerous equipment violations. Wilson told the officer that he did not have a driver's license and the vehicle was stolen. Initially, Wilson gave police his brother's name, but correctly identified himself after one of the officers recognized him from a previous contact. Police arrested Wilson, who had an outstanding warrant for his arrest. During the ensuing search, police found a bent nail file in Wilson's pocket. Wilson indicated he used the nail file to start the vehicle.
On June 21 Wilson pleaded guilty and admitted the section 666.5 allegation as part of the plea agreement. The court delayed sentencing because of concern that members of a prison gang would injure Wilson.
On June 26, 2007, the court denied Wilson's motion to withdraw his guilty plea and imposed a four-year sentence as stipulated in the plea agreement. Subsequently, the court denied Wilson's request for a certificate of probable cause.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth evidence in the superior court. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Counsel has not referred us to any possible, but not arguable, issues pursuant to Anders v. California (1967) 386 U.S. 738.
We granted Wilson permission to file a brief on his own behalf. He has not responded.
A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues. Competent counsel has represented Wilson on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: BENKE, Acting P. J., AARON, J.