IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte)
July 1, 2011
THE PEOPLE, PLAINTIFF AND RESPONDENT,
DONNIE JUSTIN PRICE, DEFENDANT AND APPELLANT.
(Super. Ct. No. CM032334)
The opinion of the court was delivered by: Hoch, J.
P. v. Price
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436.
Police were dispatched to the hospital regarding a reported incident of domestic violence. There, they met with defendant Donnie Justin Price's girlfriend, Michelle W., who was being treated for a dislocated shoulder. Michelle W. told police that during an argument, defendant grabbed her by the throat and began strangling her, then grabbed her by the shoulder and tripped her, causing her to fall to the ground and land on her shoulder.
Represented by counsel, defendant pled guilty in case No. CM032334 to battery with serious bodily injury, a felony (Pen. Code, § 243, subd. (d); undesignated references are to the Penal Code) in exchange for dismissal of a remaining count. The court also found defendant violated probation in case No. CM030645.
The court denied probation and sentenced defendant to the middle term of three years in state prison, plus a concurrent one-year term for the probation violation, and awarded him 236 days of presentence custody credit (158 days of actual custody credit, plus 78 days of conduct credit).*fn1 The court imposed a $200 restitution fine (§ 1202.4, subd. (b)), a $200 parole revocation fine stayed pending successful completion of parole (§ 1202.45), a $30 court security fee (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373). Defendant filed a timely notice of appeal.
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, 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 communication from defendant.
Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.
The judgment is affirmed.
We concur: RAYE, P.J. NICHOLSON, J.