Opinion
C043498.
11-13-2003
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM DAVID BURLEY, Defendant and Appellant.
Defendant William David Burley pleaded guilty to assault with a deadly weapon on a peace officer. (Pen. Code, § 245, subd. (c); further statutory references are to the Penal Code.) He was sentenced to state prison for five years. Execution of sentence was suspended. Defendant was placed on probation on the conditions, among others, that he serve 365 days of incarceration; report to the probation officer as directed; and pay a $200 restitution fine, a $100 fine, a $100 state penalty assessment, a $70 county penalty assessment and a $30 administrative fee.
A petition was filed alleging that defendant violated his probation by failing to report to the probation department and failing to pay fines as instructed. Following a contested hearing, both allegations were sustained. Execution of the prison sentence was ordered. Defendant was awarded 365 days of credit for the disciplinary term plus 57 days of custody credit and 29 days of conduct credit for the more recent confinement.
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.
DISPOSITION
The judgment is affirmed.
We concur: RAYE, J. and ROBIE, J.