Opinion
C086236
07-02-2018
THE PEOPLE, Plaintiff and Respondent, v. MANUEL ERNESTO RIOS, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CH035306)
Defendant Manuel Ernesto Rios was charged with being in possession of a weapon while confined in a penal institution. The complaint also alleged defendant had two prior strike convictions. Defendant pled guilty to the possession charge. The trial court sentenced defendant in accordance with the plea to the upper term of four years consecutive to his current term, and the prior strike conviction allegations were dismissed. The trial court also ordered defendant to pay a $300 restitution fine and imposed and stayed an identical parole revocation fine.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts and procedural history 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 from the date the opening brief was filed. More than 30 days have elapsed, and defendant has not filed a supplemental brief.
Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
/s/_________
Robie, J. We concur: /s/_________
Raye, P. J. /s/_________
Hull, J.