P. v. Burch
Filed 4/16/09 P. v. Burch CA4/1
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM G. BURCH, Defendant and Appellant. | D053944 (Super. Ct. No. SCN249651) |
APPEAL from a judgment of the Superior Court of San Diego County, Daniel B. Goldstein, Judge. Affirmed.
William Gerard Burch entered a negotiated guilty plea to felony driving under the influence of alcohol (Veh. Code, 23152, subd. (a))[1] and admitted three prior section 23152 convictions within the past 10 years ( 23626, 23550, subd. (a)). The court sentenced him to a stipulated 16-month lower prison term. Burch appeals. We affirm.
BACKGROUND
On August 14, 2008, Burch drove a vehicle while under the influence of alcohol. He suffered three prior section 23152 convictions within the past 10 years.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and proceedings below. Counsel presents no argument for reversal, but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel lists, as possible but not arguable issues, (1) whether the court abused its discretion by denying probation and imposing the 16-month prison sentence; (2) whether Burch's waiver of his appellate rights was valid; and (3) whether his guilty plea was constitutionally valid.
We granted Burch permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issues. Burch has been competently represented by counsel on this appeal.
DISPOSITION
The judgment is affirmed.
McCONNELL, P. J.
WE CONCUR:
McDONALD, J.
IRION, J.
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[1] All further statutory references are to the Vehicle Code.
