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People v. Smith

10/21/2002



THE COURT


Appellant Robert Lee Smith pled nolo contendere to one felony count of causing bodily injury while driving under the influence of alcohol. The trial court sentenced Smith to prison for two years. The court imposed a restitution fine and granted applicable custody credits.


Smith's appointed appellate counsel has filed an opening brief which 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 Smith was advised he could file his own brief with this court. By letter of April 15, 2002, we invited Smith 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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