Opinion
C084301
09-19-2017
THE PEOPLE, Plaintiff and Respondent, v. DERRICK O'NEAL OSBY, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CM044212)
This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.
A complaint deemed an information charged defendant Derrick O'Neal Osby with corporal injury to a person with whom he had a dating relationship. (Pen. Code, § 273.5, subd. (a); further undesignated statutory references are to the Penal Code.) As jury trial was about to begin, defendant entered a plea of no contest, with the possibility of reducing the charge to a misdemeanor at sentencing.
The parties stipulated that the factual basis for the plea could be taken from the police report or probation report. The probation report stated that on December 9, 2015, the victim, who was bleeding from the left ear and had bright red scratches on her arms, told law enforcement that defendant, with whom she had had an on-again, off-again romantic relationship for the past six years, had assaulted her and repeatedly punched her. She was taken to the emergency room.
After defendant unsuccessfully moved to withdraw his plea, the trial court granted counsel's motion to reduce the offense to a misdemeanor and granted three years' probation, including 30 days in jail with credit for three days served. As a term and condition of probation, the court imposed a $300 restitution fine (§ 1202.4, subd. (b)), a matching $300 suspended probation revocation restitution fine (§ 1202.44), a $300 battered women's shelter fee (§ 1203.097, subd. (a)(11)(A)), a $250 domestic violence program fee (§ 1203.097, subd. (a)(5)(A)), a $150 domestic violence prevention program fee (§ 1463.27, subd. (a)), and a $25 criminal justice fee (Gov. Code, § 29550, subd. (c)). As a separate order, not a term and condition of probation, the court imposed victim restitution in an amount to be determined, an $80 court operations assessment (§ 1465.8), and a $60 conviction assessment (Gov. Code, § 70373).
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, 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 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.
DISPOSITION
The judgment is affirmed.
HULL, J. We concur: BLEASE, Acting P. J. MAURO, J.