P. v. Macias

Filed 2/21/07  P. v. Macias 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NOT TO BE PUBLISHED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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

(Placer)

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     Uniformed police officers in a marked patrol car stopped a  vehicle being driven by defendant Benjamin James Macias, who then failed to obey the officers' orders and sped off, driving recklessly at speeds exceeding 90 miles per hour.  They pursued him with lights and siren activated. 

     Defendant entered a negotiated no contest plea to evading a  police officer while operating a motor vehicle (Veh. Code, §  2800.2, subd. (a)), and other charges, including a prior serious felony conviction and prior prison term allegations, were dismissed.  He was sentenced to state prison for three years, awarded 166 days of  custody credit and 82 days of conduct credit, and ordered to pay a  $200 restitution fine and a $200 restitution fine, the latter fine suspended unless parole is revoked. 

     We appointed counsel to represent defendant on appeal.  Counsel filed an opening brief that sets forth the facts of the case and asks us 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 elapsed, and we received no communication from defendant.  Having undertaken an examination of the entire 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:

        NICHOLSON        , J.

        RAYE             , J.

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