(Super. Ct. Nos. 10F9002, 11F474)
The opinion of the court was delivered by: Robie , 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Around 2:00 a.m., on December 18, 2010, defendant Clint Michael Bell made sexual advances on his live-in girlfriend, who was sleeping on the couch opposite from her five-year-old son. Defendant, who was using methamphetamine and had been up for several days, became enraged when she refused. He started to wander around the house, hallucinating about people being outside watching through the windows. Defendant retrieved his gun and waived it at the windows, saying, "'I'm going to blow them away.'"
Defendant's girlfriend called 911 after defendant went outside with the gun. He then went back in the home and ripped the phone from her, causing a laceration to her finger. When the phone rang, defendant grabbed her by the hair and threw her on the couch, ripping hair from her scalp. He then broke the cell phone and left the apartment.
On January 23, 2011, around 3:14 a.m., defendant was stopped by a Redding police officer for driving suspiciously. Defendant consented to a search, during which the officer found a steak knife with a four-and-one-half-inch blade in defendant's front pants pocket.
Defendant was charged in two separate cases. Defendant pled no contest to corporal injury to a cohabitant and possession of a firearm by a felon in case No. 10F9002; and carrying a dirk or dagger in case No. 11F474, while admitting three prior prison terms. The trial court sentenced defendant to seven years eight months in prison, awarded $292 in victim restitution, imposed various fines and fees, and awarded 316 days' presentence credit (158 actual and 158 conduct). The trial court later amended the award of presentence credits to 320 days, consisting of 160 actual days and 160 days' custody credit.
Defendant appeals. He did not obtain a certificate of probable cause.
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 judgment is affirmed.
We concur: NICHOLSON , Acting P. ...