NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE,
Plaintiff and Respondent,
v.
RAUL AYALA,
Defendant and Appellant.
|
F073722
(Super. Ct. No. BF159244A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer and Brian M. McNamara, Judges.
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
-ooOoo-
Appellant Raul Ayala appeals from his conviction following a court trial on one count of violation of Penal Code[1] section 1320.5, felony failure to appear upon release on bail, along with a finding that appellant committed the felony while he was released on bail within the meaning of section 12022.1, and that he suffered one prior serious or violent felony conviction within the meaning of sections 667, subdivisions (c) through (j) and 1170.12, subdivisions (a) through (e).
Appointed counsel for appellant 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 appellant, advising him of his 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 appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
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.)
Following appellant’s plea of guilty to a violation of section 422 in December 2014 (Kern County Superior Court case No. BF156073C), appellant was ordered to appear for sentencing on January 21, 2015. Appellant failed to appear. Appellant was eventually taken into custody in June 2015, after he was arrested on a new case (Case No. BF160530A).
The Kern County District Attorney’s Office charged appellant with failure to appear and further alleged that appellant was released on bail at the time of the offense. The district attorney further alleged appellant had suffered one prior serious or violent felony within the meaning of sections 667, subdivisions (c) through (j) and 1170.12, subdivisions (a) through (e). Following a court trial, wherein appellant stipulated that he failed to appear on the day of sentencing in case No. BF156073C, the court found appellant “willfully” failed to appear for sentencing in violation of section 1320.5. The court also found true that appellant committed the felony while on bail and that appellant had suffered one prior serious or violent felony conviction.
On May 3, 2016, the court sentenced appellant to the middle term of two years on count 1 in violation of section 1320.5, doubled to four years pursuant to section 667, subdivision (e)(1). The court also sentenced appellant to a consecutive term of two years pursuant to section 12022.1. The trial court ordered appellant to pay a $300 restitution fine (§ 1202.4, subd. (b)), a $300 suspended parole revocation fine (§ 1202.45), a $40 court operations fee (§ 1465.8, subd. (a)(1)), and a $30 conviction assessment fee (Gov. Code, § 70373). The court awarded appellant 321 days of actual credit plus 320 days of local conduct credit for a total of 641 days of presentence custody credit.
On May 10, 2016, the court recalled the sentence previously imposed in the current case (case No. BF159244A) and resentenced appellant on that case and on case Nos. BF160530A and BF156073C. (Neither case No. BF160530A nor case No. BF156073C are part of this appeal.) The court denied probation and resentenced appellant to a subordinate, consecutive term of 16 months in state prison for violation of section 1320.5. The court awarded appellant zero days of actual credit and zero days of local conduct credit in this case.
On May 5, 2016, appellant filed a timely notice of appeal.
Our review of the entire record has revealed no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.
