Opinion
NOT TO BE PUBLISHED
Sonoma County Super. Ct. No. SCR-456177
RIVERA, J.
Gregory Ronald Armstrong appeals from a judgment entered on his plea of no contest. His counsel raises no issues and asks this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was apprised of his right to file a supplemental brief but did not do so.
On April 22, 2005, an information was filed charging defendant with two counts of unlawful use of the personal identifying information of another (Pen. Code, § 530.5, subd. (a)); falsification of a driver’s license with intent to use it to commit forgery (§ 470a); two counts of commercial burglary (§ 459); attempted theft (§§ 664, 487, subd. (a)); and theft (§ 487, subd. (a)). The information further alleged that defendant suffered a prior “strike” conviction. The charges stemmed from defendant’s use of false identification to steal merchandise at a Sears department store.
All further statutory references are to the Penal Code.
On September 12, 2005, defendant waived his right to a jury trial and entered a plea of no contest to one count of falsifying a driver’s license with intent to commit forgery and one count of theft. Defendant also admitted the prior strike conviction. The plea was entered with the understanding that defendant could be sentenced to state prison for a term of six years eight months. The court dismissed the remaining counts of the information, and continued the matter to December 8, 2005, for sentencing.
On December 8, 2005, defendant failed to appear for the sentencing hearing. On July 27, 2006, defendant pled guilty to committing a commercial burglary and receipt of a stolen vehicle in People v. Armstrong (Super. Ct. San Joaquin County, 2006, No. LF009089A). He also admitted a prior strike conviction. On September 7, 2006, the San Joaquin County Superior Court sentenced defendant to a term of seven years four months in state prison, and awarded custody credits of 156 days plus local conduct credits.
On February 5, 2007, defendant was sentenced in the present case. The court sentenced defendant to an aggregate term of 10 years, resentencing defendant to the term of seven years four months in the San Joaquin County case, and adding one-third the midterm or 16 months consecutive on both the falsifying identification and theft offenses. The court granted defendant custody credits of two days, noting that defendant’s additional custody credits were applied by the San Joaquin County Superior Court.
Defendant was represented by counsel. There was no error in the sentencing. This court has reviewed the entire record and there are no meritorious issues to be argued.
DISPOSITION
The judgment is affirmed.
We concur: RUVOLO, P.J., REARDON, J.