P. v. Murphey
Filed 9/9/08 P. v. Murphey CA3
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Shasta)
----
THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER DAVID MURPHEY, Defendant and Appellant. | C057627 (Super. Ct. No. 07F1240) |
A vehicle driven by defendant Christopher David Murphey
hit a car driven by Raymond Savage, causing Savages car to hit another car. Witnesses described defendant as driving in an extremely reckless manner before the accident. He attempted
to flee the scene on foot, but was tackled by witnesses and detained until the police arrived. His blood-alcohol level
was 0.24 percent. The 75-year-old Savage sustained a fractured sternum.
Defendant pleaded no contest to driving with a
blood-alcohol level of more than 0.08 percent causing bodily injury (Veh. Code, 23153, subd. (b)), and admitted prior prison term and great bodily injury allegations. The court sentenced defendant to seven years in state prison, imposed various fines and fees, and awarded 27 days of credit (19 actual custody days, and eight conduct).
Having failed to obtain a certificate of probable cause, defendant appeals.
We appointed counsel to represent 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 filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.
DISPOSITION
The judgment is affirmed.
HULL, J.
We concur:
RAYE , Acting P.J.
MORRISON , J.
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