Filed 12/12/17 P. v. Bailey CA5



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

TONY THEONTAE BAILEY,

Defendant and Appellant.

F074931

(Super. Ct. No. BF164772A)


OPINION

THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge.
John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appointed counsel for defendant Tony Theontae Bailey asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to defendant, advising him of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. On review, we find no arguable issues.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On July 8, 2016, defendant lost control of his car while driving intoxicated. Two of his passengers were killed and two suffered moderate injuries.
On October 3, 2016, defendant pled no contest to gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a); count 2) and driving under the influence and causing bodily injury to another (Veh. Code, § 23153, subd. (a); count 3), and he admitted personally inflicting great bodily injury (Pen. Code, § 12022.7, subd. (a)).
On November 18, 2016, the trial court sentenced defendant to the upper term of 10 years on count 2, eight consecutive months on count 3, plus one consecutive year on the great bodily injury enhancement, for a total of 11 years eight months. The court imposed various fines and fees.
On December 29, 2016, defendant filed a notice of appeal.
After reviewing the entire record, we find no arguable issues.
DISPOSITION
The judgment is affirmed.