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The People v. Mitchell Ross Hall

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


June 20, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MITCHELL ROSS HALL, DEFENDANT AND APPELLANT.

(Super. Ct. No. 11F06009)

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

P. v. Hall

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.*fn1 Having reviewed the record as required by Wende, we affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

On August 26, 2011, defendant Mitchell Ross Hall drove up to the victim and his wife, who were sitting on a curb. Defendant started accusing the victim of talking to his family and then punched the victim in the face. The victim sustained a facial fracture as a result of the assault.

Defendant was charged with committing battery with serious bodily injury (Pen. Code, § 243, subd. (d))*fn2 with the additional allegation that he had personally inflicted great bodily injury within the meaning of section 1192.7, subdivision (c)(8). On the day set for trial, defendant entered into a negotiated plea wherein he pled no contest to assault with force likely to produce great bodily injury (§ 245, subd. (a)(1)).

In accordance with the plea agreement, the trial court placed defendant on formal probation for five years on the condition he serve 180 days in county jail. The trial court ordered defendant to pay a $400 restitution fine, a stayed $400 probation revocation fine, a $30 criminal conviction assessment, a $40 court security fee, and $45,559 in victim restitution (subject to challenge at a later set restitution hearing).

Defendant appealed and his request for a certificate of probable cause was denied. (§ 1237.5.) Thereafter, in response to appellate counsel's written request, the trial court corrected an error in the original calculation of custody credits so as to award defendant 93 actual days and 93 conduct days, for a total of 186 days of custody credit.

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.

We concur: BLEASE , Acting P. J. BUTZ , J.


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