Opinion
C044245.
11-26-2003
THE PEOPLE, Plaintiff and Respondent, v. VERNON BOATWRIGHT, Defendant and Appellant.
Pursuant to a negotiated plea agreement, defendant Vernon Boatwright pleaded no contest to driving or taking a vehicle without permission. (Veh. Code, § 10851, subd. (a).) In return, the prosecution agreed to dismiss additional charges of resisting arrest (Pen. Code, § 148, subd. (a)(1)), and hit and run (Veh. Code, § 20002, subd. (a)) and another pending case, and agreed not to file an additional case.
The trial court found defendant was eligible only for probation in an "unusual case" due to his criminal history. (Pen. Code, § 1203, subd. (e)(4).) Defendant was sentenced to the upper term of three years in prison, concurrent to "any Solano County case." He was ordered to pay a restitution fine of $200 (§ 1202.4), a $200 suspended parole revocation restitution fine (§ 1202.45), and restitution of $1,600 to Budget Rental Car.
Defendant filed a notice of appeal from sentencing.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests 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. 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: SCOTLAND, P.J. and SIMS, J.