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People v. Vorachak10/24/2002
THE COURT
Appellant Phouvieng Vorachak was found guilty, after a jury trial, of failure to register his address in violation of Penal Code section 290, a felony (count one). Vorachak was also found guilty of misdemeanor driving with a blood-alcohol level of .08 percent or more (Veh. Code, § 23152, subd. (b), count two) and of misdemeanor driving under the influence of alcohol (Veh. Code, § 23152, subd. (a), count three). The jury also found true an allegation Vorachak had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).
The trial court sentenced Vorachak to prison for the low term of 16 months on count one plus 12 months for the prior prison term enhancement for a total prison term of 28 months. The court granted Vorachak credit for time served on count two and stayed sentence on count three pursuant to Penal Code section 654. Vorachak was ordered to pay a restitution fine and granted applicable custody credits.
Vorachak's appointed appellate counsel has filed an opening brief that summarizes the pertinent facts, raises no issues, and requests this court independently to review the record. (People v. Wende (1979) 25 Cal.3d 436.) The opening brief also includes the declaration of appellate counsel indicating that Vorachak was advised he could file his own brief with this court. By letter of May 14, 2002, we invited Vorachak to submit additional briefing. To date, he has not done so.
After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists.
The judgment is affirmed.
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