Opinion
C042742.
7-31-2003
THE PEOPLE, Plaintiff and Respondent, v. RYAN MICHAEL McCARDLE, Defendant and Appellant.
Pursuant to a negotiated plea agreement, defendant Ryan Michael McCardle pleaded no contest to oral copulation of a person under 18 (Pen. Code, § 288a, subd. (b)(1).) In return, the prosecution dismissed charges of unlawful sexual intercourse with a minor ( § 261.5, subd. (c)) and oral copulation of an incompetent person (§ 288a, subd. (g).) After reviewing a diagnostic study from the Department of Corrections ( § 1203.03), the trial court sentenced defendant to state prison for two years, imposed a restitution fine of $ 250 ( § 1202.4, subd. (b)), and a suspended parole revocation restitution fine of $ 250 ( § 1202.45). Defendant filed a notice of appeal from the sentence.
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, 158 Cal. Rptr. 839, 600 P.2d 1071.) 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., NICHOLSON, J. --------------- Notes: Further undesignated statutory references are to the Penal Code.