P. v. Ochotorena
Richard Ochotorena (appellant) appeals from a judgment entered following his conviction by jury of unlawfully driving or taking a vehicle. (Veh. Code 10851(a).) The jury returned a true finding on a charged prior conviction for first degree burglary. (Pen. Code 1170.12 (a) through (d) and 667 (b) through (i).) Following denial of his motion to dismiss the prior pursuant to Penal Code section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497, appellant was sentenced to state prison for four years, consisting of the upper two-year term for the new offense doubled pursuant to the prior strike.
Appellant filed a timely notice of appeal and we appointed counsel. On October 27, 2008, counsel filed an opening brief raising no issues. On November 4, 2008, the clerk of this court notified appellant by letter that he had 30 days to submit any contentions or arguments. Appellant has not responded.
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