IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin)
June 11, 2012
THE PEOPLE, PLAINTIFF AND RESPONDENT,
JOHNNY RAY BRYE, DEFENDANT AND APPELLANT.
(Super. Ct. No. SF116703A)
The opinion of the court was delivered by: Hoch , J.
P.v .Brye 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Appointed counsel for defendant, Johnny Ray Brye, asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error, we affirm the judgment.
On January 13, 2011, defendant struck the victim, a woman with whom he had an "on and off dating relationship for five years," giving her a black eye and knocking out one of her teeth. Defendant was arrested and charged with inflicting corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a)). It was further alleged that defendant inflicted great bodily injury on his victim (Pen. Code, § 12022.7, subd. (e)).
Defendant pled no contest to the charge of spousal abuse. In exchange for his plea, defendant received five years of formal probation and 365 days in county jail. Defendant was ordered to pay various fines and fees, and complete a 52-week batterer's treatment program. Defendant was awarded 41 days of custody credit, reflecting his actual days in custody prior to sentencing, and the clerk indicated on the record that the jail would calculate defendant's conduct credit.
Appointed counsel filed an opening brief that sets forth the facts of the case and asked this court to review the record and determine whether there are any arguable issues 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 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: RAYE , P. J. MAURO , J.
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