P. v. Gonzales
Filed 12/9/13 P. v. Gonzales 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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.
JOHN MANUEL GONZALES,
Defendant and Appellant.
C074071
(Super. Ct. No.
CRF123417)
Appointed
counsel for defendant John Manuel Gonzales has filed an
of the case and asks this court to review the record and determine whether
there are any arguable issues on
appeal.
v. Wende (1979) 25 Cal.3d 436 (Wende).) We order the preparation of an amended abstract
of judgment to correct a clerical omission and affirm the judgment.
We provide
the following brief description of the facts and procedural history of the
case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
Defendant
was the passenger in a car stopped on August
28, 2012, for having an expired registration. The officer approaching the passenger side
could smell marijuana being emitted from the open window. Defendant said he had smoked marijuana but
was unable to produce the prescription card he claimed to have. When defendant stepped out of the car at the
officer’s request, plastic baggies were sticking out of his pants pocket; one
of them contained 1.30 grams of methamphetamine.
Defendant pleaded
no contest in
case No. CRF123417 to transportation of methamphetamine (Health & Saf.
Code, § 11379, subd. (a)) and admitted he had a prior serious felony
conviction within the meaning of Penal Code section 667, subdivisions (c) and
(e)(1). In exchange for his plea, it was
stipulated defendant would be sentenced to a five-year prison term (which
included a term on a separate case), and several separate cases, an additional
charge, and an enhancement were dismissed.
The trial
court sentenced defendant to the low term of two years for transportation of
methamphetamine, doubled for the strike, and a consecutive one year (one-third
the midterm) for battery with serious bodily injury in Yolo
County case No. CRF091513, for an
aggregate term of five years in state prison.
The trial court ordered defendant pay a $240 restitution fine and
awarded 213 days of custody credit in Yolo County case No. CRF123417, and
confirmed a previously ordered $200 restitution fine and awarded 248 days of
custody credit in Yolo County case No. CRF091513.
Defendant
appealed. He did not obtain a
We note a
clerical omission that requires correction.
As stated, the trial court awarded custody credits as follows: 107 actual days and 106 conduct days for a
total of 213 days of custody credit in Yolo County case No. CRF123417, and 124
actual days and 124 conduct days for a total of 248 days of custody credit in
Yolo County case No. CRF091513.
These conduct credits were omitted from the abstract of judgment.
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 prepare an amended abstract of judgment that reflects the custody
credits awarded to defendant on each case and to forward a certified copy
thereof to the Department of Corrections
and Rehabilitation.
RAYE ,
P. J.
We concur:
NICHOLSON , J.
HOCH ,
J.
name="_ftn1" title="">[1] 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 elapsed, and we received no communication from
defendant.
