(Super. Ct. No. 08F09988)
The opinion of the court was delivered by: Hull , J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
On August 16, 2008, at about 11:45 p.m., defendant Trevor Ryan Todd was driving eastbound on Fair Oaks Boulevard near the intersection of Bob Lane in Sacramento. Defendant lost control of his Ford sports utility vehicle, which ran off the road near an embankment, hitting a tree and causing him to be ejected onto the center turn lane of Fair Oaks Boulevard. Defendant, who was unresponsive when officers and paramedics arrived, suffered numerous injuries, including a severe head injury which impeded mental functioning for several months.
Defendant's blood was drawn at the hospital at 1:20 a.m. His blood-alcohol level was 0.19 percent.
A jury found defendant guilty of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a); subsequent undesignated statutory references are to the Vehicle Code) and driving with a blood-alcohol level of at least 0.08 percent (§ 23152, subd. (b)). Defendant subsequently pleaded no contest to driving with his license suspended for prior conviction for driving under the influence (§ 14601.2, subd. (a)) and admitted allegations that he drove with a blood-alcohol content of at least 0.15 percent (§ 23578) and had three prior convictions for driving under the influence within the last 10 years (§ 23152, subd. (b)).
The trial court sentenced defendant to 16 months in state prison, suspended execution of sentence, and placed defendant on five years formal probation, subject to various conditions, including 360 days in county jail with four days' credit plus an additional 180 days of credit if defendant enrolled in a residential alcohol treatment facility.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court 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.
We concur: BLEASE , Acting P. J. ...