Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County, Michael A. Latin, Judge. Affirmed with directions. No. LA050556
Meredith J. Watts, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, and Nima Razfar, Deputy Attorney General, for Plaintiff and Respondent.
MALLANO, P. J.
Jonathan Alatorre was charged with three counts of attempted premeditated murder and three counts of felonious assault, with an enhancement as to each count that a principal was armed with a firearm. As established at the preliminary hearing, the charges arose from an incident that occurred on November 4, 2005, in the San Fernando Valley area of Los Angeles when the driver of a car in which defendant was a passenger fired a gun at the driver and two passengers of another vehicle. The driver and one of the passengers of the other vehicle were hit by the gunfire.
Defendant entered a negotiated plea of guilty to two counts of attempted murder and admitted that a principal was armed with a firearm, in exchange for which he was sentenced to a total term of 12 years 4 months in state prison. The sentence was comprised of the upper term of 9 years for one count of attempted murder, a consecutive term of 2 years 4 months for the other count of attempted murder, and 1 year for the firearm enhancement. Defendant was granted 272 days of precommitment custody credit, comprised of 250 days’ actual time and 22 days’ local conduct credit.
Defendant filed a notice of appeal and we appointed counsel to represent him. Appointed counsel filed a brief in which no issues were raised. (People v. Wende (1979) 25 Cal.3d 436, 441–442.) We then sent letters to defendant and to appointed counsel, directing counsel to immediately forward the appellate record to defendant and notifying defendant that within 30 days he could personally submit any contentions or issues that he wished us to consider. Although defendant did not respond, appointed counsel has notified us that she made requests of the trial court seeking correction of defendant’s precommitment custody credits award but that the trial court had not responded. Based on the trial court’s lack of response, we requested supplemental briefing from counsel as to whether defendant’s credits were proper.
In the supplemental briefing, defendant contends and the Attorney General aptly agrees that defendant is entitled to 293 days’ precommitment custody credit. As explained by the Attorney General, the award is based on 255 days’ credit for actual custody (defendant was arrested on June 24, 2007, and was sentenced on March 4, 2008) and 38 days’ conduct credit.
In addition to our review of the credits issue, we have examined the entire record and are satisfied that defendant’s counsel has fully complied with her responsibilities and that, apart from the credits question, no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109–110; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed and the trial court is ordered to prepare a corrected abstract of judgment that reflects 293 days’ precommitment custody credit, comprised of 255 days’ actual time and 38 days’ conduct credit, and to forward a copy of the corrected abstract to the Department of Corrections and Rehabilitation.
We concur: ROTHSCHILD, J., CHANEY, J.