Opinion
No. C043939.
10-16-2003
THE PEOPLE, Plaintiff and Respondent, v. DANIEL HUGH MCINTYRE, Defendant and Appellant.
Defendant Daniel Hugh McIntyre pled no contest to uttering or attempting to pass a check on a false account (Pen. Code, § 470, subd. (d); further statutory references are to the Penal Code), forgery of the seal of the State of California (& sect; 472), and forgery of checks (§ 470, subd. (a)), and admitted a 1987 Los Angeles County burglary strike allegation (& sect;§ 667, subds. (b)-(i), 1170.12). Defendant was sentenced to state prison for eight years eight months; awarded 997 days of custody credit and 498 days of conduct credit; directed to make restitution to his victims; and ordered to pay a $750 restitution fine (§ 1202.4, subd. (b)), a $750 restitution fine suspended unless parole is revoked (§ 1202.45), and a $30 theft fine including penalty assessment and surcharges (& sect; 1202.5).
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: SCOTLAND, P.J. and ROBIE, J.