Opinion
C086455
10-11-2018
THE PEOPLE, Plaintiff and Respondent, v. JOHN HENRY KELLY, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CRF171546)
In August 2017, defendant John Henry Kelly was driving a Honda with a value over $951 without the permission of the owner and with the intent to deny the owner possession of the vehicle. At the time, he had three prior felony convictions for unlawfully taking or driving a vehicle. He pled no contest to felony unlawful driving or taking a vehicle with the intent to permanently or temporarily deprive the owner, with a previous conviction.
In accordance with the plea, the trial court sentenced defendant to a term of four years in county jail with no mandatory supervision, ordered him to pay direct victim restitution of $350, a restitution fine of $300, a $40 court security fee, a $30 conviction assessment, and granted him 116 days of presentence custody credits.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history 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 pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/_________
Robie, J. We concur: /s/_________
Blease, Acting P. J. /s/_________
Butz, J.