P. v. Saeteurn
Filed 6/19/07 P. v. Saeteurn CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Yolo)
----
THE PEOPLE, Plaintiff and Respondent, v. SAN FAHM SAETEURN, Defendant and Appellant. | C053237 (Super. Ct. No. 03-7247) |
While trick-or-treating on Halloween night in 2003, defendant San Fahm Saeteurn and several friends participated in a fight with a group of youths. A friend gave defendant a knife to defend himself from a much larger member of the other group. During the altercation, defendant stabbed a youth in the chest.[1]
Defendant pleaded no contest to felony assault with a deadly weapon. (Pen. Code, 245, subd. (a)(1).)[2]In exchange, three related counts and enhancing allegations were dismissed. He was sentenced to state prison for three years. The trial court suspended execution of defendants sentence and placed him on probation for five years.
In October 2005, a petition was filed alleging that defendant had violated his probation by failing to obey all laws; in particular, he had been arrested for misdemeanor battery. ( 242.) Before the petition could be heard, defendant pleaded guilty to the battery count. His subsequent motion to withdraw his plea was denied. Following a contested hearing, the trial court found defendant in violation of his probation. The trial court ordered execution of defendants prison sentence. Defendant was awarded 404 days of custody credit and 202 days of conduct credit, directed to make restitution to the victim, and ordered to pay a $200 restitution fine ( 1202.4, subd. (b)) and a $200 restitution fine suspended unless parole is revoked ( 1202.45).
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 have elapsed, and we have 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.
Disposition
The judgment is affirmed.
DAVIS, Acting P.J.
We concur:
RAYE , J.
MORRISON , J.
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[1] Because defendant pleaded no contest, our statement of facts is taken from the transcript of the preliminary hearing.
[2] Hereafter, undesignated section references are to the Penal Code.
