P. v. Castro

Filed 5/18/06  P. v. Castro CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

            APPEAL from a judgment of the Superior Court of Tulare County.  Walter Gorelick, Judge.

Janice Wellborn, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and Charles A. French, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

On May 16, 2005, appellant, Michael Henry Castro, was charged in a felony complaint with carjacking (Pen. Code, §  215, subd. (a), count one), second degree robbery (Pen. Code, §  211, count two), unlawful taking of a vehicle (Veh. Code, §  10851, subd. (a), count three), and receiving stolen property (Pen. Code, §  496, subd. (a), count four).^[1] 

On June 17, 2005, appellant entered into a plea agreement in which he admitted count one.  The remaining allegations were dismissed.  Under the terms of the agreement, appellant would face a prison sentence of no more than five years.  On June 28, 2005, the trial court denied appellant's oral motion to withdraw his plea.  The court sentenced appellant to state prison for the midterm of five years, imposed a restitution fine, imposed direct victim restitution, and granted applicable custody credits.

Castro's appointed appellate counsel has filed an opening brief which summarizes the pertinent facts, raises no issues, and requests this court to independently review the record.  (People v. Wende (1979) 25 Cal.3d 436.)  The opening brief also includes the declaration of appellate counsel indicating that Castro was advised he could file his own brief with this court.  By letter on December 19, 2005, we invited Castro to submit additional briefing.

Castro replied with a short letter asserting that he is entitled to half-time credits while in prison.  Appellant's conviction for carjacking is a serious felony listed in section 667.5, subdivision (c)(17).  Pursuant to section 2933.1, subdivision (a), appellant's worktime credits in prison are limited to 15 percent of his sentence.  Under section 2933.1, subdivision (c), his worktime credits are limited to 15 percent while in jail.  The trial court and appellant's counsel informed him of this fact during the change of plea hearing.  There is no merit to appellant's contention that he is entitled to greater custody credits.  (See People v. Florez (2005) 132 Cal.App.4th 314, 318-322.)

After independent review of the record, we have concluded no reasonably arguable legal or factual argument exists. 

DISPOSITION

The judgment is affirmed.

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^*           Before Wiseman, Acting P.J., Gomes, J., and Dawson, J.

^[1]           Unless otherwise indicated, all statutory references are to the Penal Code.