Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 2007035776 Ventura County
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
COFFEE, J.
Eric Ray Nestroyl appeals from the judgment following his guilty plea to carrying a loaded firearm (Pen. Code § 12031, subd. (a)(1)) and unlawful driving or taking of a vehicle. (Veh. Code § 10851, subd. (a).) He admitted the special allegation that he had served two prior prison terms. (Pen. Code § 667.5, subd. (b).) The court imposed a sentence of two years and eight months in state prison, consisting of the middle term of two years for the weapon charge and a consecutive eight-month sentence for the auto theft charge. It struck the prior prison term enhancement. The court rejected appellant's request for an award of pre-sentence custody credits and imposed a restitution fine of $400.
The following facts are taken from the probation report. On September 5, 2007, appellant and two codefendants entered an apartment where methamphetamine was being used. A codefendant pointed a shotgun at a resident of the apartment and appellant ordered the victim to the ground. Appellant left the apartment and was arrested several hours later while driving a stolen car and in possession of a shotgun.
We appointed counsel to represent appellant in this appeal. After reviewing the record, counsel filed an opening brief raising no issues and requesting this court to independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.
On December 1, 2008, we advised appellant that he had 30 days in which to submit a written brief or letter stating any contentions or arguments he wished us to consider. We have received no response from him.
We have examined the entire record and are satisfied that appellate counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende, supra, 25 Cal.3d 436 at p. 441.)
The judgment is affirmed.
We concur: YEGAN, Acting P.J., PERREN, J.