(Super. Ct. No. CRF05628)
The opinion of the court was delivered by: Duarte, J.
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Appointed counsel for defendant Robert Charles Williams has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm the judgment.
FACTS AND PROCEDURAL HISTORY
On September 29, 2005, defendant pleaded no contest to battery with serious bodily injury (Pen. Code,*fn1 § 243, subd. (d)). The factual basis for the plea was that defendant knocked the victim off of his bicycle and then kicked him two times in the head. The victim suffered inner cranial bleeding and fractures of bones in his neck, nose, and eye socket from the fall and the kicking.
On October 28, 2005, defendant was placed on probation for three years under various terms and conditions.
On January 19, 2006, a petition for violation of probation was filed against defendant and his probation was summarily revoked. On February 6, 2006, defendant admitted the violation and probation was reinstated.
On May 25, 2006, another petition for violation of probation was filed against defendant; his probation was summarily revoked, and an arrest warrant was issued. Defendant was not arrested until May 2010. On May 10, 2010, defendant admitted the charged violations.
On June 7, 2010, defendant was sentenced to state prison for the upper term of four years. The sentence was based on his numerous prior convictions and his unsatisfactory prior
performance while on probation and parole.*fn2 The court imposed two restitution fines of $200 each, in accordance with sections 1202.4 and 1204.45, and a $20 security court fee pursuant to section 1465.8. The court determined defendant was entitled to 226 days of actual custody plus 112 days for conduct credits.*fn3
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 issue 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 have elapsed, and we have received no communication from defendant. Having undertaken ...