IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT
December 29, 2010
THE PEOPLE, PLAINTIFF AND RESPONDENT,
JESSE LUIS PLACENCIA, DEFENDANT AND APPELLANT.
Super. Ct. Nos. 62-065539, 62-086148, 62-087574
The opinion of the court was delivered by: Nicholson,j.
P. v. Placencia 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
On January 16, 2007, defendant Jesse Luis Placencia pleaded no contest in case No. 62-065539 to conspiracy to commit the crime of fighting in public (Pen. Code, §§ 182, subd. (a)(1), 415; undesignated references are to the Penal Code) in exchange for dismissal of other charges against him. The trial court granted him three years of formal probation and ordered him to spend 180 days in county jail, with credit for 92 days served. The court imposed various fees and fines, including a $200 restitution fine (§ 1202.4), a $200 probation revocation fine, stayed pending successful completion of probation (§ 1202.44), and a $20 court security fee (§ 1465.8). The court granted defendant's request to convert a portion of his fees and fines to community service.
A subsequent petition alleging violation of probation for failure to appear for community service was dismissed on September 16, 2008, and probation was reinstated.
On March 3, 2010, defendant pleaded no contest in case No. 62-086148 to unlawful sexual intercourse with a minor more than three years younger than defendant (§ 261.5, subd. (c)). He also pleaded no contest in case No. 62-087574 to willful failure to appear (§ 1320.5), and admitted having violated probation in case No. 62-065539. Defendant entered his plea in exchange for dismissal of all remaining charges, a stipulated sentence of two years eight months in state prison, and an agreement that he would not be required to register as a sex offender under section 290.
The court denied probation and sentenced defendant to state prison for two years eight months. The court imposed fees and fines, including a $200 restitution fine (§ 1202.4) in each case, a $200 parole revocation fine in each case, stayed pending successful completion of parole (§ 1202.45), a $30 court security fee and a $30 facilities fund fine in case Nos. 62-087574 and 62-086148, and a $20 court security fee in case No. 62-065539. The court awarded defendant 280 custody credits (140 actual credits plus 140 conduct credits) in case No. 62-086148, 229 custody credits (115 actual credits, plus 114 conduct credits) in case No. 62-065539, and no custody credits in case No. 62-086574.
Defendant filed a timely notice of appeal in case Nos. 62-065539, 62-086148, and 62-087574. His request for certificate of probable cause was denied.
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.
The trial court is directed to prepare a corrected abstract of judgment reflecting the $20 court security fine in case No. 65-065539 and, in the same case, list defendant's total custody credits as 229 (115 actual credits, plus 114 conduct credits). A certified copy of the corrected abstract of judgment is to be forwarded to the Department of Corrections and Rehabilitation. The judgment is affirmed.
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