Opinion
C056756
4-18-2008
THE PEOPLE, Plaintiff and Respondent, v. THOMAS JOSEPH RADO, Defendant and Appellant.
NOT TO BE PUBLISHED
About 3:15 p.m. on September 27, 2006, workers at a construction site told California Highway Patrol (CHP) about two people in a 1991 Jeep Cherokee acting suspiciously. A records check of the license plate indicated the vehicle had been stolen. CHP stopped the Jeep. Inside, the driver, defendant Thomas Joseph Rado and his passenger had two open containers of alcohol, a bent spoon with drug residue, 3.6 grams of marijuana, an uncapped syringe and a blue container with 1.8 grams of methamphetamine, 10 Vicodin pills and four syringes. A records check of the jeeps identification number revealed it belonged to defendant.
In case No. CRF06-654, defendant was charged with possession of Vicodin (Health & Saf. Code, § 11350, subd. (a); count I), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count II), and possession of a hypodermic needle or syringe, a misdemeanor (Bus. & Prof. Code, § 4140; count III).
On or about October 2, 2006, defendant was released on bail.
On November 22, 2006, defendant failed to appear and a warrant was issued for his arrest. When defendant appeared on July 26, 2007, he was remanded into custody.
In case No. CRF07-142, defendant was charged with failing to appear after having been released on his own recognizance (Pen. Code, § 1320, subd. (b)). An on-bail enhancement was also alleged (Pen. Code, § 12022.1, subd. (a)).
Defendant pled no contest to count II in case No. CRF06-654 in exchange for dismissal of the remaining counts and to an amended charge of failure to appear while released on bail (Pen. Code, § 1320.5) in case No. CRF07-142 and the on-bail enhancement was dismissed.
The court found defendant to be statutorily ineligible for probation based upon defendants two prior California felony convictions and determined that defendants case was not an unusual one. The court imposed the upper term of three years for failure to appear and a consecutive one-third the midterm or eight months for the possession offense. In imposing the upper term, the court cited defendants "recidivist behavior" that is, defendants prior convictions which were numerous, three prior felonies, and two prior prison terms.
Defendant appeals in both cases.
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:
RAYE, Acting P.J.
BUTZ, J.