P. v. Kelly

Filed 3/15/05 P. v. Kelly 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or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.
GARY ROGERS KELLY,
Defendant and Appellant.
H027483
(Santa Clara County
Super. Ct. No. CC320855)
Following a jury trial, defendant was found guilty of one felony count of driving
under the influence of alcohol with a felony prior within 10 years (Veh. Code,
§ 23152/23550.5, subd. (a)),1 and one misdemeanor count of resisting, delaying, or
obstructing an officer (Pen. Code, § 148, subd. (a)(1)). As to count one, the jury found
true the allegation that defendant willfully refused a peace officer's request to submit to
chemical test pursuant to Vehicle Code sections 23612, 23157 and 23577,
subdivision (a).
We appointed counsel to represent defendant in this court. Counsel filed an
opening brief that stated the case and the facts, but raised no specific issues. Defense
1 On the final day of trial, the parties stipulated that defendant had a 1996 prior
felony conviction for driving under the influence of alcohol.

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2
counsel requested we review the record pursuant to People v. Wende (1979) 25 Cal.3d
436.
We notified defendant of his right to submit written argument on his own behalf
within 30 days. We have read and considered defendant's written argument.
Pursuant to People v. Wende, supra, 25 Cal.3d 436, we have reviewed the entire
record and have concluded that there are no arguable issues on appeal.
Disposition
The judgment is affirmed.
_____________________________
ELIA, J.
WE CONCUR:
_____________________________
RUSHING, P. J.
_____________________________
PREMO, J.

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