P. v. Alvarez

Filed 6/20/06 P. v. Alvarez CA3

NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yolo)

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Defendant Arthur Alvarez II entered a negotiated plea of no contest to vehicular manslaughter and admitted having a prior serious felony conviction for assault with a firearm in 1998. The trial court dismissed charges that defendant failed to stop at the scene of an accident resulting in death or permanent serious injury and had served a prior prison term. In accordance with the plea agreement, defendant was sentenced to state prison for eight years, was awarded 182 days of presentence custody credit and 90 days of conduct credit, and was ordered to pay a $200 restitution fine and a second $200 restitution fine suspended unless parole is revoked.

Defendant appeals, and we appointed counsel to represent him on appeal. Counsel filed an opening brief that sets forth the facts of the case and asks us to review the record and to 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 the opening brief was filed. More than 30 days have elapsed, and we received no communication from defendant. Having undertaken an examination of the record, we find no arguable error that would result in a disposition more favorable to defendant.

The judgment is affirmed.

SCOTLAND , P.J.

We concur:

DAVIS , J.

NICHOLSON , J.

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