P. v. Lorenzi
Filed 8/29/06 P. v. Lorenzi CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. MARK JOSEPH LORENZI, Defendant and Appellant. | H030027 (Santa Clara County Super. Ct. No. CC500339) |
Defendant Mark Joseph Lorenzi was charged by information filed November 4, 2005, with driving under the influence of alcohol with a prior felony conviction within 10 years (Veh. Code, §§ 23152; 23550.5, subd. (a); count 1), driving with a blood alcohol of .08 or greater with a prior felony conviction within 10 years (Veh. Code, §§ 23152; 23550.5, subd. (a); count 2), driving when his license was suspended or revoked with a prior conviction of the same offense (Veh. Code, § 14601.1, subd. (a); count 3, a misdemeanor), and driving when his license was suspended or revoked for a conviction of driving under the influence (Veh. Code, § 14601.2, subd. (a); count 4, a misdemeanor). The information further alleged that defendant had served two prior prison terms (Pen. Code, § 667.5, subd. (b)). On December 27, 2005, defendant waived his right to a preliminary examination, pleaded guilty to all four counts, and admitted all prior conviction allegations.
On February 9, 2006, the trial court sentenced defendant to a total term of three years in state prison. The sentence consisted of the middle term of two years on count 1 (Veh. Code, §§ 23152; 23550.5, subd. (a)); the middle term of two years on count 2 (Veh. Code, §§ 23152; 23550.5, subd. (a)), stayed (Pen. Code, § 654); six months each on count 3 (Veh. Code, § 14601.1, subd. (a)) and count 4 (Veh. Code, § 14601.2, subd. (a)), to be served concurrently; and a one-year enhancement on one prison prior (Pen. Code, § 667.5, subd. (b)). The trial court struck the other prison prior in the interests of justice (Pen. Code, § 1385) because defendant had performed well in custody.
Defendant filed a timely notice of appeal. (Cal. Rules of Court, rule 30(b)(4).) We appointed counsel to represent defendant in this court. Appointed counsel has filed an opening brief that states the case and facts but raises no issue. We notified defendant of his right to submit written argument in his own behalf within 30 days. That period has elapsed and we have received no written response from defendant. Pursuant to People v. Wende (1979) 25 Cal.3d 436, we have reviewed the entire record and have concluded that there is no arguable issue on appeal.
The judgment is affirmed.
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Bamattre-Manoukian, ACTING P.J.
WE CONCUR:
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MIHARA, J.
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MCADAMS, J.
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