Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court No. VA095790 of Los Angeles County, Beverly Reid O’Connell, Judge.
Rita L. Swenor, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
VOGEL, J.
Ernesto Armendariz Anguiano was convicted of one count of commercial burglary, one count of perjury on an application for an identification card, and one count of forgery, with true findings on allegations that he had suffered three prior strike convictions and one prior serious or violent felony conviction. (Pen. Code, §§ 459, 460, 118, subd. (a), 470, subd. (a), 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).) The trial court dismissed two of the strikes and the prior serious felony conviction enhancement (§ 1385), then sentenced Anguiano to state prison for an aggregate terms of four years (low term of two years for the perjury, doubled, with a concurrent low term of 16 months, doubled, for the forgery, with the burglary sentence stayed).
All section references are to the Penal Code.
Anguiano filed a notice of appeal and we appointed counsel to represent him. On January 7, 2008, Anguiano’s lawyer filed a brief in which no issues were raised, and we thereafter (on January 25) notified Anguiano that he could submit any issues or arguments he wanted us to consider. He has not responded.
Our independent review of the record satisfies us that counsel has fulfilled her duty, that the convictions are supported by substantial evidence, and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436; People v. Kelly (2006) 40 Cal.4th 106.)
Anguiano submitted to the Department of Motor Vehicles (in person) a standard form DL44 in which he requested the renewal of an identification card in the name of “Ruben Martinez,” born “8-31-1953,” and stated that he had not applied for an identification card or driver’s license under a different name during the past 10 years, and that his driving privileges had never been cancelled or suspended or revoked. When the DMV field representative searched her computer for “Ruben Martinez” with the stated birthdate, she found a photograph of a man who did not look like Anguiano. When asked about the discrepancy, Anguiano said he had lost weight” because he was being treated for cancer. The DMV representative took his photograph, obtained his fingerprint, and had him sign the application in her presence, under penalty of perjury. A subsequent investigation established that the prints did not match.
DISPOSITION
The judgment is affirmed.
We concur: MALLANO, Acting P.J., ROTHSCHILD, J.