Filed 8/4/17 P. v. Nasca CA3
NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

JOSEPH PHILLIP NASCA,

Defendant and Appellant.
C082958

(Super. Ct. Nos. 15F05789, 15M09829)





Appointed counsel for defendant Joseph Phillip Nasca asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
BACKGROUND
Case No. 15F05789
An officer in a marked squad car responded to a report of a stolen Acura Integra. When he located the Acura, he activated his lights and siren. The Acura accelerated. In a 45-mile-per-hour zone, the officer accelerated to 90 miles per hour but failed to gain on the Acura, as it weaved dangerously through traffic. When the Acura came to a red light at an intersection, it turned right without slowing. It collided with another car, sending the car into a spin. The Acura drove off. Shortly after, the Acura pulled over, defendant got out, and he was detained by the pursuing officer.
A search of defendant and the Acura revealed a narcotic pipe, methamphetamine, and a shaved key.
Case No. 15M09829
This court granted defendant’s motion to construe the notice of appeal to include case No. 15M09829.
In a separate incident, defendant drove while under the influence of alcohol and drugs. He was found with methamphetamine, drug paraphernalia, a stun gun, and burglary tools.
Defendant’s First Plea
In exchange for a stipulated prison term, defendant pled no contest to four counts and admitted to various prior convictions. The trial court sentenced him to the stipulated aggregate six-year two-month term. A month later, in a hearing held pursuant to People v. Marsden (1970) 2 Cal.3d 118, defendant explained that he had pled with the understanding that he would serve his sentence in prison, but the sheriff’s department was requiring him to serve the time in jail.
The court agreed that serving the time in jail, rather than prison, violated the spirit of the plea bargain. The court offered either to reduce defendant’s sentence to six years, to be served in state prison, or to allow defendant to withdraw his plea. Defendant opted to withdraw his plea.
Defendant thereafter entered not guilty pleas to all charges.
Defendant’s Second Plea
Seven months later, as trial approached, defendant inquired about resolving his cases. The parties agreed to a six-year eight-month aggregate term in case No. 15F05789 and a one-year aggregate term in case No. 15M09829, for a combined term of seven years eight months.
In case No. 15F05789, defendant pled no contest to unlawful driving or taking of a vehicle (Veh. Code, § 10851; count one) and receiving a stolen vehicle (Pen. Code, § 496d, subd. (a); count two). As to those counts, he admitted to two prior vehicle theft violations. (Pen. Code, § 666.5, subd. (a).) He also pled no contest to driving with willful disregard for safety of persons or property while fleeing an officer (Veh. Code, § 2800.2, subd. (a); count three) and misdemeanor counts of fleeing the scene of an accident (Id., § 20002, subd. (a); count four), possessing burglary tools (Pen. Code, § 466; count five); possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a); count six); and possessing narcotic paraphernalia (Id., § 11364; count seven). He also admitted serving two prior prison terms. (Pen. Code, § 667.5, subd. (b).)
In case No. 15M09829, defendant pled no contest to driving under the influence of alcohol and drugs as a second DUI offense (Veh. Code, § 23152, subd. (e); count one); driving on a suspended license (id., § 14601.2, subd. (a); count two); possessing burglary tools (Pen. Code, § 466; count three); possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a); count four); possessing drug paraphernalia (Id., § 11364; count five); and possessing a stun gun (Pen. Code, § 22610, subd. (a); count six). Defendant admitted a prior 2008 DUI.
The trial court imposed the stipulated aggregate term of six years eight months in case No. 15F05789, and 364 days in case No. 15M09829, to run consecutively. It calculated defendant’s credits at 612 days. Applying those credits, defendant was time served in case No. 15M09829, with the remaining 248 days of credit applied to case No. 15F05789. The court also imposed various fines and fees, including ordering restitution of $3,260.16 and $13,466.71 to two victims.
DISCUSSION
Counsel filed an opening brief setting forth the facts of the case and requests that we review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised of his 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.
Having examined the record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.




/s/
Duarte, J.



We concur:



/s/
Robie, Acting P. J.




/s/
Butz, J.