Opinion
H025387.
7-29-2003
THE PEOPLE, Plaintiff and Respondent, v. THOMAS LEE QUINTANA, Defendant and Appellant.
On November 21, 2001, defendant, Thomas Lee Quintana, was charged by information with felony driving under the influence (DUI) (Veh. Code, §§ 23152, subd. (a); 23550.5) and with a blood alcohol level greater that 0.08 percent (Veh. Code, §§ 23152, subd. (b); 23550.5) within 10 years of a previous felony DUI conviction. The information also charged two misdemeanor counts of driving when his license was suspended due to a previous DUI conviction and due to an administrative suspension.
Defendant pleaded no contest on February 13, 2002, to driving under the influence and to driving with a license suspended due to a previous DUI. He admitted he suffered a prior felony DUI conviction. It was agreed that the other counts would be dismissed and defendant would serve 16 months in prison.
On June 28, 2002, the trial court sentenced defendant to serve 16 months in prison.
This court granted defendant leave to file a late notice of appeal. Accordingly, defendant filed a notice of appeal on January 22, 2003. We appointed counsel to represent the defendant in this court.
Appointed counsel filed an opening brief which states the case and the facts but raises no specific issues. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written argument from defendant.
Pursuant to People v. Wende (1979) 25 Cal.3d 436, 158 Cal. Rptr. 839, 600 P.2d 1071, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
WE CONCUR: Rushing, P.J., Mihara, J.