Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Super. Ct. No. CM028179
SIMS, J.On September 7, 2007, defendant Evan James Benevento went to a party in Chico. Defendant felt that Adam L. was being disrespectful and punched him in the face. When Cory C. and James W. tried to break up the fight, defendant pulled out a knife and stabbed Cory C. three times in the upper torso and slashed James W. twice in the face and once on the elbow. Both victims went to the hospital for their wounds. James W. suffered a permanent disfigurement from one of the lacerations to his face.
Defendant entered a plea of no contest to mayhem to James W. (Pen. Code, § 203) and admitted that he had committed the offense by personally using a deadly weapon, to wit, a knife (Pen. Code, § 12022, subd. (b)(1)). He also pleaded no contest to assault by means of force likely to produce great bodily injury to Cory C. (Pen. Code, § 245, subd. (a)(1).) Defendant entered his plea in exchange for dismissal of the remaining counts and the special allegation with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754.
The trial court sentenced defendant to state prison for an aggregate term of six years, that is, the midterm of four years for mayhem plus a consecutive one-year term for use of a knife and a consecutive one-third the midterm or one year for the assault offense. The court imposed a $40 court security fee, a $1,200 restitution fine, a $1,200 parole revocation restitution fine, $41,723.46 in victim restitution to Cory C., and victim restitution to Adam L. and James W. to be determined. The court awarded a total of 165 days of presentence custody credit.
Defendant appeals. He did not obtain a certificate of probable cause. (Pen. Code, § 1237.5.)
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.
However, we find an error in preparation of the abstract of judgment. The trial court awarded 144 actual days (66 local and 78 days for diagnostic study) and 21 conduct days for a total of 165 days of presentence custody credit. Although the abstract correctly reflects the 21 conduct days and total presentence custody credit of 165 days, the abstract erroneously reflects 66, rather than 144, actual days. We will direct the trial court to correct the abstract of judgment. (People v. Mitchell (2001) 26 Cal.4th 181, 185.)
DISPOSITION
The judgment is affirmed. The trial court is directed to prepare a corrected abstract of judgment reflecting 144 actual days of presentence custody credit and to forward a certified copy of the abstract to the Department of Corrections and Rehabilitation.
We concur: SCOTLAND, P. J., BUTZ, J.