Opinion
C086074
10-29-2018
THE PEOPLE, Plaintiff and Respondent, v. EARL JOHN ALVAREZ, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CRF170001352)
Appointed counsel for defendant Earl John Alvarez has filed an opening brief that sets forth the facts of the case and asks 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 elapsed, and we received no communication from defendant. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
On September 1, 2017, defendant pleaded no contest to one count of committing lewd acts upon a child with the agreement he would be sentenced to the lower term of three years in state prison. On October 16, 2017, the trial court sentenced defendant in accordance with the plea agreement. The trial court also imposed various fines and fees, and awarded defendant 94 days of presentence custody credit.
Defendant appeals. The trial court denied his request for a certificate of probable cause. (Pen. Code, § 1237.5.)
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.
HULL, Acting P. J. We concur: MAURO, J. MURRAY, J.