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People v. Johnson5/28/2003
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Pursuant to a negotiated agreement, defendant Jody Dean Johnson pleaded guilty to felony driving under the influence of alcohol (Veh. Code, §§ 23152, subd. (a), 23550, subd. (a)), and admitted three prior convictions for driving under the influence within the preceding seven years. In return, the prosecution dismissed three other charges: driving with a blood-alcohol level of at least 0.08 percent with prior convictions (§§ 23152, subd. (b), 23550, subd. (a)), driving with a suspended or revoked license (§ 14601.2, subd. (a)), and unlawfully leaving the scene of an accident (§ 20002, subd. (a)). Sentencing was left to the discretion of the trial court. The trial court subsequently sentenced defendant to the upper term of three years in state prison.
Defendant filed a notice of appeal, checking a box on a form which indicated that he was appealing from the denial of a motion to suppress evidence. However, appellate counsel acknowledges that no motion to suppress was made in this case. Nor was a certificate of probable cause filed.
We appointed counsel to represent the 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 the filing of the opening brief. More than 30 days have elapsed, and we have received no communication from the defendant. Having undertaken an examination of the entire record, we find no arguable issue or error.
DISPOSITION
The judgment is affirmed.
We concur:
DAVIS, Acting P.J.
MORRISON, J.
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