Filed 6/30/17 P. v. Burns 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Yuba)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

DALE WAYNE BURNS,

Defendant and Appellant.
C079535 & C080380

(Super. Ct. No. CRF13702)




Appointed counsel for defendant Dale Wayne Burns asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding an error in the calculation of presentence credits, we shall modify the award of credits and affirm the judgment as modified.
BACKGROUND
The Yuba City Police Department brought defendant to the Rideout Hospital in Marysville on November 23, 2013. He was placed in restraints because of his agitated state. Before a doctor had an opportunity to administer a sedative, defendant removed the left arm from the restraint. A security guard approached, and defendant struck the guard in the nose, fracturing it.
Defendant was charged with battery with serious bodily injury (Pen. Code, § 243, subd. (d)) and assault with force likely to produce great bodily injury with a personally inflicting great bodily injury enhancement (§§ 245, subd. (a)(4), 12022.7, subd. (a)).
On December 18, 2014, the trial court suspended proceedings pursuant to section 1368 after doubting defendant’s competency to stand trial. A psychologist examined defendant, and found he understood the charges against him but currently lacked the mental capacity to assist in his defense. The trial court found defendant incompetent to stand trial on January 10, 2014. Following a placement hearing, defendant was placed at Napa State Hospital.
On June 10, 2014, Napa State Hospital certified defendant was competent to stand trial. The trial court found defendant competent to stand trial and reinstated criminal proceedings on June 16, 2014.
On February 20, 2015, defendant pleaded no contest to both charges and admitted the enhancement. On May 28, 2015, the trial court imposed a seven-year state prison term, suspended execution of sentence, placed defendant on five years’ formal probation, and awarded 383 days of presentence credit (240 days’ local time, 120 days’ conduct, and 33 days’ hospital commitment).
Defendant filed 22 timely notices of appeal but did not obtain a certificate of probable cause.
Following our remittitur in case No. C075877, the trial court modified the award of credits to award conduct credit for the time spent committed to Napa State Hospital, for an award of 363 days of presentence credit (242 actual & 121 conduct).
Defendant filed seven notices of appeal from this order without obtaining a certificate of probable cause.
On January 21, 2016, we granted defendant’s motion to consolidate the appeals.
Appointed 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. (Wende, supra, 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 elapsed, and we received no supplemental brief from defendant.
There is an error in the award of credits. The trial court awarded defendant half-time, that is two days of conduct credit for every four days of time served. Under section 4019, a defendant is entitled to two days of credit for every two days served. (§ 4019, subds. (b), (c), (f).) However, defendant admitted to a great bodily injury enhancement, which renders his assault conviction a violent felony. (§ 667.5, subd. (c)(8).) A defendant convicted of a violent felony is entitled to 15 percent of presentence time in conduct credits. (§ 2933.1, subd. (c).) He therefore should have been awarded 36 days of conduct credit, for a total award of 278 days. We shall modify the award of credits accordingly.
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 award of credits is modified to 278 days (242 actual & 36 conduct). As modified, the judgment is affirmed.



/s/
Blease, J.


We concur:



/s/
Raye, P. J.



/s/
Hull, J.