P. v. Coats
Filed 8/20/07 P. v. Coats 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Mono)
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THE PEOPLE, Plaintiff and Respondent, v. COLBY COATS, Defendant and Appellant. | C053953 (Super. Ct. No. EJZ03011) |
Defendant Colby Coats pleaded no contest to assault with force likely to cause great bodily injury (Pen. Code, 245, subd. (a)(1)) and admitted a great bodily injury enhancement (id., 12022.7, subd. (a)). The trial court sentenced defendant to seven years in state prison, suspended execution of the sentence, and imposed five years of formal probation.
Pursuant to a plea agreement involving the dismissal of other pending charges, defendant subsequently admitted to violating probation with execution of the previously suspended seven-year sentence as the stipulated term. The court stayed a $200 restitution fine pending successful completion of parole,[1]ordered $2,353.84 in victim restitution (Pen. Code, 1202.4, subd. (f)), and awarded 485 days of presentence credit.
Defendant attacked Benjamin Schaub during a party at a Mammoth Lakes residence. Schaub, who was wearing a New York Knicks T-shirt, had said he was from back east. Defendant and Aaron Lurie attacked Schaub because he was not from California. Daniel Orr, the owner of the house, broke up the fight and told the participants to leave. Defendant punched Orr for ending the fight, breaking his nose.
As Schaub was walking away from the house, he was attacked by defendant and Lurie. Defendant and Lurie beat Schaub until he fell to the ground and then kicked him until Schaub lost consciousness. Schaub was hospitalized as a result of his injuries, which included a broken nose, lacerated eye, and two missing teeth.
Defendant subsequently admitted to violating his probation by driving under the influence of alcohol in violation of Vehicle Code section 23152, subdivision (a), illegally possessing a bullet-proof vest as a felon, and illegally possessing stolen property, the bullet-proof vest.
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.
Our review of the record discloses an error in the amended abstract of judgment. The trial court initially imposed a $1,400 restitution fine but revoked the fine after determining that defendant had paid the $200 restitution fine imposed as a condition of his probation. The amended abstract still reflects the improperly imposed restitution fine (item 5a) and must be amended to delete this fine and to reflect that the $200 parole revocation fine is still in effect (item 5b).
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. The trial court is directed to correct the amended abstract of judgment as stated in the
opinion and to forward a certified copy of said abstract to the Department of Corrections and Rehabilitation.
SIMS , Acting P. J.
HULL, J.
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[1] The trial court vacated a previously imposed $1,400 restitution fine after determining defendant had already paid a $200 restitution fine imposed as one of defendants original probation conditions.
