P. v. Biddle
Filed 6/10/13 P. v. Biddle CA2/7
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
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publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
SEVEN
>
THE PEOPLE, Plaintiff and Respondent, v. DIJON MARQUETTE BIDDLE, Defendant and Appellant. | B243399 (Los Angeles County Super. Ct. No. BA386559) |
APPEAL from
an order of the Superior Court
of
County,
George G. Lomeli, Judge.
Affirmed.
Suzan E.
Hier, under appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
_____________________
Dijon Marquette Biddle was charged in an amended
information with willfully inflicting corporal injury on cohabitant Shaunte
Manning (Pen. Code, § 273.5, subd. (a))
with special allegations he had personally inflicted great bodily injury on her
under circumstances involving domestic
violence (§ 12022.7, subd. (e)) and had previously suffered a domestic
violence conviction (§ 273.5, subd. (e)(1)).
Biddle pleaded not guilty and denied the special allegations.
Represented
by appointed counsel, Biddle agreed to plead no contest to
subd. (a)(1)) in return for a four-year state prison sentence and dismissal of
the original charge. At the time Biddle
entered his plea, he was advised of, and stated he understood, his
consequences of his plea.
Biddle was
thereafter sentenced in accordance with the plea agreement to the upper term of
four years in state prison for
assault with a deadly weapon. The court
ordered Biddle to pay a $40 court security fee, a $30 criminal conviction
assessment, a $400 domestic violence assessment and a $200 restitution
fine. The court imposed and suspended a
parole revocation fine pursuant to section 1202.45. Biddle was awarded a total of 308 days of
presentence credit (206 actual days and 102 days conduct credit). Biddle filed an in propria persona
“Motion To Correct Abstract of Judgment†seeking to increase his award of
presentence custody credits under section 4019.
The trial court denied the motion.
Biddle filed a notice of appeal from the post-judgment order denying his
motion to modify his presentence custody credits.
We
appointed counsel to represent Biddle
on appeal. After examining the record,
counsel filed a motion in the trial court on December 14, 2012 to strike the $400 domestic
violence assessment. While the motion
was pending, counsel filed an opening brief in this court challenging only the
imposition of the domestic violence assessment.
The trial court
then granted the motion to strike the domestic violence assessment. As a result, counsel withdrew her opening
brief and filed a new opening brief
in which no issues were raised. On February 20, 2013 we advised Biddle he had 30
days in which to personally submit any contentions
or issues he wished us to consider.
No response has been received to date.
We have examined the record
and are satisfied Biddle’s attorney has fully complied with the
responsibilities of counsel and no arguable
issue exists. (Smith
v. Robbins (2000) 528 U.S. 259, 277-284 [120 S.Ct. 746, 145 L.Ed.2d 756];
112-113; People v. Wende (1979) 25 Cal.3d
436, 441.)
The
post-judgment order denying Biddle’s motion to modify his award of presentence
custody credits is affirmed.
PERLUSS,
P. J
We
concur:
WOODS,
J.
ZELON,
J.
name="_ftn1" title="">[1] Statutory references are to the Penal Code.
