P. v. Smith
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), which requires that we review the entire record to determine whether there are any arguable issues which might result in a more favorable outcome for defendant.
Defendant Delbert Glenn Smith pleaded no contest to driving with a blood-alcohol level of 0.08 percent or greater with three prior convictions for the same offense (Veh. Code, §§ 23152, subd. (b), 23550 (count 2)). He also admitted a prior strike conviction (Pen. Code, § 1170.12) and the service of two prior prison terms (Pen. Code, § 667.5, subd. (b)). In exchange for his plea and admissions, defendant was promised no more than eight years in state prison, the dismissal of other counts and the dismissal of another allegation of having served a prior prison term.
Following the denial of defendant’s request for the court to strike his prior strike conviction, the court sentenced defendant to six years in state prison, consisting of the midterm of two years for the driving offense, doubled to four years because of the strike, plus one year for each of the prior conviction prison terms. The court awarded defendant 124 days of presentence custody (62 actual, 62 conduct) and imposed fines and fees as set forth in the abstract of judgment.
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