Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 06F05017
RAYE, Acting P.J.Based upon defendant David Le’s striking his former wife multiple times on the head with a hot clothes iron, he was charged in count one with spousal abuse with a great bodily injury enhancement and in count two with assault with a deadly weapon.
Pursuant to a negotiated settlement, defendant pled no contest to counts one and two, and admitted the enhancement in exchange for the court’s reducing count two to a misdemeanor at the time of sentencing and a guaranteed maximum prison term of five years. At sentencing, the court imposed a five-year prison term for count one, consisting of the lower term of two years for the spousal abuse plus three years for the enhancement. The court reduced count two to a misdemeanor and imposed a four-month term in county jail, stayed pursuant to Penal Code section 654. Defendant was also ordered to pay victim restitution along with several fines and fees.
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: HULL, J., CANTIL-SAKAUYE, J.