Opinion
NOT TO BE PUBLISHED
Super. Ct. No. LF009089A
NICHOLSON, J.
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by People v. Wende, we affirm the judgment.
Counsel 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, supra, 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.
An amended information was filed on May 16, 2006, charging defendant with five felonies: second degree commercial burglary, receiving stolen property, forgery, attempted grand theft of personal property, and possession of a forged driver’s license. (Pen. Code, §§ 459; 496d, subd. (a); 470, subd. (d); 664/487, subd. (a); 470b; further statutory references are to this code.) The information also charged defendant with two misdemeanors (providing false information to a peace officer and unlawful use of an identification card) and four prior strikes for robbery. (§§ 211/212.5; 667, subd. (d); 1170.12.)
Defendant entered a negotiated plea of guilty to second degree commercial burglary and receiving stolen property. The factual basis for the plea was that, on April 5, 2006, defendant drove a stolen van belonging to U-Haul to Lowe’s in Lodi and used a fraudulent check under a false name to purchase several items. Defendant also admitted one prior strike conviction for robbery.
Because defendant entered guilty pleas and waived both the preliminary hearing and the preparation of a probation report, the details of his crimes are not contained in the record on appeal.
In exchange for his plea, the remaining charges were dismissed and defendant was sentenced to the stipulated term of seven years four months in state prison. The agreed-upon prison term consisted of the upper term of three years, doubled, for the burglary and a consecutive one-third middle term of eight months, doubled, for receiving stolen property. The trial court ordered defendant to pay a $1,500 restitution fine (§ 1202.4, subd. (b)), and a $1,500 restitution fine suspended unless parole is revoked (§ 1202.45). Defendant was also awarded 234 days of custody credit.
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.
We concur: DAVIS , Acting P.J., HULL , J.