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The People v. Adrian Terrell Sherman

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yuba)


February 25, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ADRIAN TERRELL SHERMAN, DEFENDANT AND APPELLANT.

(Super. Ct. No. CRF10-24)

The opinion of the court was delivered by: Nicholson , Acting P. J.

P. v. Sherman 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Adrian Terrell Sherman called his girlfriend a "bitch," and she responded by slapping him once in the face causing no visible injuries.*fn1 He responded to her slap by slapping her face with an open hand. Thereafter, her right eye became discolored and began to swell to the point where she was unable to open it.

Defendant pleaded guilty to infliction of corporal injury upon his cohabitant. (Pen. Code, § 273.5, subd. (a).)*fn2 In exchange, three controlled substance counts were dismissed and his state prison exposure was capped at the low term of two years. An unrelated misdemeanor case was dismissed with a Harvey waiver for restitution.*fn3

Imposition of sentence was suspended and defendant was placed on probation for four years on conditions including completion of a six-month residential treatment program and abstention from knowing use of controlled substances. He was ordered to pay a $200 restitution fine (§ 1202.4), a $200 restitution fine suspended unless probation is revoked (§ 1202.44), a $200 domestic violence fee while on probation (§ 1203.097), a $30 court security fee (§ 1465.8), and a $30 court facilities assessment (Gov. Code, § 70373).

Two months later, defendant admitted allegations that he violated his probation by leaving his treatment program prior to completion and by knowingly using marijuana and methamphetamine. He was sentenced to state prison for four years and was awarded 109 days' custody credit and 86 days' conduct credit. The court confirmed the restitution fine, court security fee, and court facilities assessment; lifted the suspension of the probation revocation fine; and imposed a $200 restitution fine suspended unless parole is revoked (§ 1202.45). His request for a 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 have elapsed, and we have received no communication from defendant.

We note that this court has not received an amended abstract of judgment reflecting the custody and conduct credits awarded in the November 15, 2010, First Amended Minute Order Correcting Presentence Time Credits. The trial court is directed to prepare an amended abstract if it has not already done so.

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 in accordance with this

opinion and to forward a certified copy to the Department of Corrections and Rehabilitation.

We concur:

ROBIE , J. DUARTE , J.


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