Opinion
C080991
01-05-2017
THE PEOPLE, Plaintiff and Respondent, v. MOSES ANDREW MARTINEZ, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CRF150000508)
Appointed counsel for defendant Moses Andrew Martinez has filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm.
BACKGROUND
In September 2015, defendant was driving with a blood-alcohol level of 0.12/0.11 percent. He had five prior convictions for driving under the influence (DUI), including felony convictions in 2010 and 2013. He pleaded no contest to felony DUI with three or more prior convictions within 10 years (Veh. Code, §§ 23152, subd. (a), 23550, subd. (a) -- count 1), and admitted five prior DUI convictions. The trial court dismissed the remaining charges, which included felony driving with a blood-alcohol level of 0.08 percent or above (Veh. Code, §§ 23152, subd. (b), 23550) and four misdemeanor counts: driving with a suspended license; shoplifting; and two counts of child endangerment. In accordance with the plea agreement, the trial court sentenced defendant to a term of two years in county jail, with 28 days of credit. The trial court ordered defendant to pay a $300 restitution fine (Pen. Code, § 1202.4), a $3,080 habitual traffic offender fine (Veh. Code, § 23550), a $30 conviction fee (Gov. Code, § 70373), a $4 EMS fee, a $40 court operations assessment (Pen. Code, § 1465.8), and imposed and suspended a $300 parole revocation fine (Pen. Code, § 1202.45).
Defendant filed a timely notice of appeal; the trial court denied his request for a certificate of probable cause. (Pen. Code, § 1237.5.)
DISCUSSION
Counsel filed an opening brief that sets forth the facts of the case and requests that we 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 the filing of the opening brief. More than 30 days have elapsed, and we have 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.
/s/_________
Duarte, J. We concur: /s/_________
Nicholson, Acting P. J. /s/_________
Mauro, J.