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People v. Burch

California Court of Appeals, Fourth District, First Division
Apr 16, 2009
No. D053944 (Cal. Ct. App. Apr. 16, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. WILLIAM G. BURCH, Defendant and Appellant. D053944 California Court of Appeal, Fourth District, First Division April 16, 2009

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. SCN249651, Daniel B. Goldstein, Judge.

McCONNELL, P. J.

William Gerard Burch entered a negotiated guilty plea to felony driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and admitted three prior section 23152 convictions within the past 10 years (§§ 23626, 23550, subd. (a)). The court sentenced him to a stipulated 16-month lower prison term. Burch appeals. We affirm.

All further statutory references are to the Vehicle Code.

BACKGROUND

On August 14, 2008, Burch drove a vehicle while under the influence of alcohol. He suffered three prior section 23152 convictions within the past 10 years.

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as possible but not arguable issues, (1) whether the court abused its discretion by denying probation and imposing the 16-month prison sentence; (2) whether Burch's waiver of his appellate rights was valid; and (3) whether his guilty plea was constitutionally valid.

We granted Burch permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Burch has been competently represented by counsel on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: McDONALD, J., IRION, J.


Summaries of

People v. Burch

California Court of Appeals, Fourth District, First Division
Apr 16, 2009
No. D053944 (Cal. Ct. App. Apr. 16, 2009)
Case details for

People v. Burch

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. WILLIAM G. BURCH, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Apr 16, 2009

Citations

No. D053944 (Cal. Ct. App. Apr. 16, 2009)