Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CM028922
MORRISON, J.
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by 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.
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On February 5, 2008, defendant James Kevin Clark-Monaco cashed a stolen and forged check in the amount of $964.86 at the Feather Falls Casino. The check was made payable to Robert Pace for payroll from Erickson Building Components in Roseville. Defendant used a forged California identification card in the name of Robert Pace to cash the check. He also provided his thumbprint on the check and was seen cashing the check on video surveillance.
Defendant pled no contest to forgery (Pen. Code, § 470, subd. (d)) and admitted having served two prior prison terms within the meaning of section 667.5, subd. (b), in exchange for a stipulated prison term of five years. The remaining allegations of the complaint were dismissed.
Further statutory references are to the Penal Code unless otherwise indicated.
The trial court sentenced defendant in accordance with his plea agreement to the upper term of three years for the forgery and two consecutive one-year terms for the prior prison term enhancements. The trial court ordered defendant to pay a $200 restitution fine (§ 1202.4, subd. (b)), a $200 restitution fine suspended unless parole is revoked (§ 1202.45), a $36 theft fine (§ 1202.5), a $20 court security fee (§ 1465.8), and victim restitution in an amount to be determined. The trial court also awarded defendant 44 days’ credit for time served.
Defendant appealed. He did not obtain a certificate of probable cause. (§ 1237.5.)
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., NICHOLSON, J.