Opinion
C044171.
11-25-2003
THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY MICHAEL JOSEPH, Defendant and Appellant.
Defendant Timothy Michael Joseph pled no contest to receiving stolen property in exchange for dismissal of a charge of vehicle theft with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 for purposes of restitution.
The court denied probation and sentenced defendant to state prison for the upper term of three years, awarded 314 days of presentence custody credit, imposed a $200 restitution fine and a $200 parole fine and ordered victim restitution in the amount of $2,350, reserving jurisdiction over additional claims of victim restitution.
Defendant appeals.
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: BLEASE, Acting P.J. and RAYE, J.