Filed 1/11/18 P. v. Shoulders 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
(Shasta)
----




THE PEOPLE,

Plaintiff and Respondent,

v.

GREGORY DWONE SHOULDERS,

Defendant and Appellant.
C084630

(Super. Ct. No. 12F1346)




In three separate cases, defendant Gregory Dwone Shoulders was convicted of transportation of a controlled substance, possession of a controlled substance, possession of a drug without a prescription, and inflicting corporal injury on a cohabitant after a previous conviction in violation of Penal Code section 273.5, subdivision (e). Defendant admitted a great bodily injury enhancement, admitted he had served two prior prison terms, and was found to have a prior strike conviction. The trial court denied defendant’s motion to dismiss his prior strike and sentenced him to an aggregate term of 14 years four months in state prison.
On appeal, this court modified his four-year term for the great bodily injury enhancement to one year four months (one-third of the term) and affirmed as modified.
Defendant subsequently filed a Penal Code section 1170.18 petition for resentencing. The trial court granted the petition, reducing the possession offense to a misdemeanor and resentencing defendant to an 11-year state prison term. Defendant appealed; we stayed the appeal pending the trial court’s response to defendant’s petition to recalculate credits. After the court recalculated credits, we found it properly awarded 935 days for custody time between sentencing and resentencing, but it erred in awarding 208 days for custody time between resentencing and the recalculation of credits by the trial court. We also found errors in the most recent amended abstract. Finally, we also found defendant’s conviction for transportation must be reversed because it was not final when the transportation statute was amended to add the element for sale to the transportation crime. We reversed the transportation conviction and remanded for further proceedings, struck an award of custody credits for time served between resentencing and a recalculation of credits, and directed the trial court to file a new amended abstract.
On remand, the trial court imposed an eight-year state prison term and awarded 296 days of presentence credit (258 actual and 38 conduct), 935 days of credit for time between sentencing and resentencing, and issued an amended abstract.
Defendant appeals.
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 elapsed, and we received no communication from defendant. 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.



/s/
Robie, J.



We concur:



/s/
Hull, Acting P. J.



/s/
Mauro, J.