Opinion
B166321.
10-29-2003
THE PEOPLE, Plaintiff and Respondent, v. RAMON EDUARDO RIVAS, Defendant and Appellant.
Sally P. Brajevich, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance on behalf of Plaintiff and Respondent.
Following the reversal of his conviction on appeal, appellant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 1), misdemeanor possession of a smoking device (Health & Saf. Code, § 11364, count 2), and admitted a prior strike conviction (§§ 1170.12, subds. (a) - (d), and 667, subds.
(b) - (i)). Appellant received an agreed upon sentence of two years, eight months (Count 1, low term of 16 months, doubled to 32 months, plus Count 2, 6 months to run concurrent.) Appellant was given credit for 673 days of pre-sentence custody, consisting of 575 actual days and 98 days of good time/ work time. The credits were corrected to reflect 787 days (590 actual days and 197 (days of good time/work time) after appellant filed a motion to correct the credits in the trial court. A $200 restitution fine, and a $200 suspended parole revocation fine, were imposed pursuant to Penal Code sections 1202.4 and 1202.45. A timely notice of appeal was filed.
We appointed counsel to represent him on appeal. After examination of the record, counsel filed an "Opening Brief" in which no issues were raised. On July 16, 2003, we advised Rivas that he had 30 days within which to personally submit any contentions or issues that he wished us to consider. No response has been received to date.
We have examined the entire record and are satisfied that Rivas attorney has fully complied with the responsibilities of counsel and that no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: RUBIN, J. BOLAND, J.