Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CM031056.
HULL, J.
Pursuant to a negotiated settlement, defendant Carlos Hernandez Vargas pleaded no contest to two counts of assault with a firearm and to one count of receiving stolen property. He also admitted as to each assault charge an enhancement for firearm use and for great bodily injury. The court sentenced him to state prison for 24 years. The court also imposed restitution fines of $10,000 in accordance with Penal Code sections 1202.4 and 1202.45, a criminal conviction assessment of $90 ($30 per count), and a $90 court security fee. The court awarded defendant 187 days of presentence custody.
Facts
While defendant was assisting his girlfriend to move out of the residence of her former boyfriend, a quarrel occurred and defendant shot the boyfriend and his mother. The gun the defendant used had been stolen in a burglary.
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.
Because defendant was convicted of a serious felony (Pen. Code, § 1192.7, subd. (c)(8) [felony in which defendant personally inflicts great bodily injury]), he is not entitled to the additional presentence custody credits provided by the amendments to Penal Code section 4019, operative January 25, 2010. (Pen. Code, § 4019, subds. (b)(2), (c)(2).)
The judgment is affirmed.
We concur: SCOTLAND, P. J., RAYE, J.