Fear Not Law Articles: P. v. Rhyne

P. v. Rhyne

Filed 2/28/07 P. v. Rhyne 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Shasta)

----

THE PEOPLE,

Plaintiff and Respondent,

JAMES ANTHONY RHYNE,

Defendant and Appellant.

C053430

(Sup. Ct. No. 04F937)

Defendant James Anthony Rhyne pleaded guilty to driving under the influence of alcohol with three prior convictions for driving under the influence (Veh. Code, 23152, subd. (a), 23550) and admitted he had a prior strike conviction (Pen. Code, 1170.12) and had served four prior prison terms (Pen. Code, 667.5, subd. (b)). The charges stemmed from an incident in which defendant was contacted by a highway patrol officer who saw defendants car stopped on the shoulder of a highway onramp. Defendant, who was the only person in the vicinity of the car and acknowledged being its owner, had a blood-alcohol level of .11 percent when contacted by the officer. Defendant entered his plea with the understanding that the remaining charges and enhancements would be dismissed and he would be sentenced to state prison for 10 years. The trial court denied probation and sentenced defendant in accordance with the plea agreement.

Defendant appealed.

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief setting forth the facts of the case and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting the court to review the record and determine whether there are any arguable issues on appeal. 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.

We have undertaken an independent examination of the entire record in this case and have found no arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is affirmed.

MORRISON , J.

We concur:

BLEASE , Acting P.J.

CANTIL-SAKAUYE , J.

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Description	Defendant James Anthony Rhyne pleaded guilty to driving under the influence of alcohol with three prior convictions for driving under the influence (Veh. Code, 23152, subd. (a), 23550) and admitted he had a prior strike conviction (Pen. Code, 1170.12) and had served four prior prison terms (Pen. Code, 667.5, subd. (b)). The charges stemmed from an incident in which defendant was contacted by a highway patrol officer who saw defendants car stopped on the shoulder of a highway onramp. Defendant, who was the only person in the vicinity of the car and acknowledged being its owner, had a blood alcohol level of .11 percent when contacted by the officer. Defendant entered his plea with the understanding that the remaining charges and enhancements would be dismissed and he would be sentenced to state prison for 10 years. The trial court denied probation and sentenced defendant in accordance with the plea agreement. The judgment is affirmed.
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