P. v. Coffey

Filed 8/28/06 P. v. Coffey 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

(Tehama)

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Defendant Christopher Thomas Coffey entered a negotiated plea of guilty to driving under the influence (Veh. Code, § 23152, subd. (b)),^[1] a misdemeanor,^[2] and admitted driving with a blood alcohol content of .20 percent or higher (§ 23578) and having two prior DUI convictions, in exchange for dismissal of the remaining charges. An allegation of a third prior DUI conviction was stricken. The trial court sentenced defendant to 365 days in jail, with credit for time served; ordered him to pay a $2,187 fine, including penalty assessments, and a $20 court security fee (Pen. Code, § 1465.8); revoked his driving privileges for three years (§ 13352, subd. (a)(5)); classified him as a habitual traffic offender for three years (§ 13350, subd. (b)); and ordered him to have an ignition interlock device installed for two years (§ 23575, subd. (a)(1)).

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 have elapsed, and we have received no communication from defendant.

Our examination of the record reveals a sentencing error. Pursuant to section 23350, a person convicted of violating section 23152 â€