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People v. Christopher William Davis

California Court of Appeals, Third District, Sacramento
Oct 28, 2010
No. C064775 (Cal. Ct. App. Oct. 28, 2010)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER WILLIAM DAVIS, Defendant and Appellant. C064775 California Court of Appeal, Third District, Sacramento October 28, 2010

NOT TO BE PUBLISHED

Super. Ct. No. 09F06943

HULL, J.

On March 10, 2010, defendant Christopher William Davis pleaded no contest to one count of vehicle theft (Veh. Code, § 10851, subd. (a)) and admitted one prior “strike” conviction, a 2003 arson. (Pen. Code, §§ 451, 667, subds. (b)-(i).) Pursuant to a plea bargain, the trial court dismissed other allegations and sentenced defendant to 32 months in prison (the low term doubled). The trial court awarded 309 days of presentence credit. The court also ordered defendant to pay a $200 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $200 fine pursuant to Penal Code section 1202.45 (suspended pending successful completion of parole), a $30 court security fee (Pen. Code, § 1465.8), a $30 court facility fee (Gov. Code, § 70373), and $391 restitution to the victim (Pen. Code, § 1202.4).

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 other arguable errors that would result in a disposition more favorable to defendant.

The recent amendments to section 4019 do not operate to modify defendant’s entitlement to additional presentence custody credit as he had a prior conviction for a serious felony, arson (§§ 451, 1192.7), which he admitted in these proceedings. (Pen. Code, §§ 4019, former subds. (b)(2) & (c)(2) [as amended by Stats. 2009, 3d Ex. Sess. 2009-2010, ch. 28, § 50]; 2933, subd. (e)(3) [as amended by Stats. 2010, ch. 426, § 1. eff. Sept. 28, 2010].)

DISPOSITION

The judgment is affirmed.

We concur: RAYE, Acting P. J., ROBIE, J.


Summaries of

People v. Christopher William Davis

California Court of Appeals, Third District, Sacramento
Oct 28, 2010
No. C064775 (Cal. Ct. App. Oct. 28, 2010)
Case details for

People v. Christopher William Davis

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER WILLIAM DAVIS…

Court:California Court of Appeals, Third District, Sacramento

Date published: Oct 28, 2010

Citations

No. C064775 (Cal. Ct. App. Oct. 28, 2010)