P. v. Limon
Filed 5/15/06 P. v. Limon CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Glenn)
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THE PEOPLE, Plaintiff and Respondent, v. VICTOR HIGINIO LIMON, Defendant and Appellant. | C050896 (Super. Ct. No. 05SCR02071) |
Defendant Victor Higinio Limon pleaded guilty to burglary (Pen. Code, § 459--count II),[1] and two counts of assault with a deadly weapon (§ 245, subd. (a)(1)--counts III and IV). He admitted that he personally used a weapon (§ 12022, subd. (b)(1)) in the commission of count II and personally inflicted great bodily injury (§ 12022.7, subd. (a)) in the commission of count III. He was sentenced to state prison for 12 years and awarded 104 days of custody credit.
Defendant appeals. His request for a certificate of probable cause was denied. (§ 1237.5.)
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. Defendant did not timely file a supplemental brief.[2]
We have reviewed the record and found two sentencing errors requiring correction. Section 1170.1, subdivision (a), provides in relevant part: â€
