Filed 4/25/17 P. v. Thomas CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO



THE PEOPLE,

Plaintiff and Respondent,

v.

DEVARREOUS HORATIO THOMAS,

Defendant and Appellant.


E066889

(Super.Ct.No. RIF1401733)

O P I N I O N


APPEAL from the Superior Court of Riverside County. L. Jackson Lucky IV, Judge. Affirmed.
Ami Sheth Sagel, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
Defendant and appellant, Devarreous Horatio Thomas, admitted violating a term of his probation. The court revoked defendant’s probation and sentenced him to three years’ imprisonment.
After defendant’s counsel below filed a notice of appeal, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and identifying four potentially arguable issues: (1) whether defendant was advised of the consequences of his plea; (2) whether defendant was advised of his constitutional rights; (3) whether defendant waived those rights; and (4) whether the court abused its discretion in imposing the midterm of three years’ imprisonment. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On April 16, 2014, the People charged defendant by felony complaint with corporal injury to the mother of his child (count 1; § 273.5, subd. (a)) and alleged defendant had sustained a prior prison term pursuant to section 667.5, subdivision (b). On October 1, 2014, defendant pled guilty to the count 1 offense. Pursuant to the plea agreement, the court granted defendant 36 months of formal probation on various terms and conditions, including that he serve 365 days in jail.
On July 29, 2016, defendant’s probation officer filed an allegation that defendant had violated the term of his probation that he not violate any law. Defendant had been arrested on July 28, 2016 for corporal injury with a prior such conviction within seven years, criminal threats, and willful cruelty to a child.
On September 15, 2016, defendant admitted he violated a term of his probation by committing a new criminal offense. The court terminated defendant’s probation and sentenced him to the midterm of three years’ incarceration. The court awarded defendant a total of 461 days of credit for time served.
On January 27, 2017, defendant’s counsel filed a letter alleging defendant’s credits had been improperly calculated. Counsel contended the total amount of credits awarded defendant for time served should have been 743 days. On January 31, 2017, the court awarded defendant the additionally requested custody credits.
II. DISCUSSION
We offered defendant an opportunity to file a personal supplemental brief, which he has not done. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
III. DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKINSTER
J.


We concur:

HOLLENHORST
Acting P. J.

MILLER
J.