Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 06F10519
HULL , J.In December 2006, defendant William Haywood willfully and unlawfully possessed a fraudulent check, in the amount of $96, that he attempted to pass at a grocery store. In August 1990, defendant sustained a prior conviction of attempted robbery. Because defendant pleaded no contest and waived referral to probation, our statement of facts is taken from the prosecutor’s statement of factual basis.
In February 2007, defendant pleaded no contest to possession of a completed check or money order with intent to utter in order to defraud (Pen. Code, § 475, subd. (c); further unspecified section references are to the Penal Code) and admitted an attempted robbery strike conviction (§§ 667, subds. (b)-(i), 1170.12). In exchange, a second count of that offense, two counts of second degree burglary (§§ 459, 460, subd. (b)), a count of possession of narcotics paraphernalia (Health & Saf. Code, § 11364) and two strike allegations were dismissed.
Defendant was sentenced to state prison for 32 months, awarded 68 days of custody credit and 34 days of conduct credit, and ordered to pay a $200 restitution fine (§ 1202.4) and a $200 restitution fine suspended unless parole is revoked (§ 1202.45).
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: SIMS , Acting P.J., ROBIE , J.