Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CRF06437.
HULL, Acting P.J.
In June 2006, defendant Filimon Cobarrubia Chavez entered a Marysville department store, selected a shirt and six pairs of pants, entered a fitting room, dressed himself in the selected items, and walked out of the store without paying for the clothing. A loss prevention officer pursued defendant and took him to the ground. Using a closed fist, defendant struck the officer several times in the chest. Defendant also bit the officer on the arm, causing him to bleed. The officer detained defendant until a Marysville police officer arrived and placed defendant under arrest.
Because the matter was resolved by plea, our statement of facts is taken from the July 2006 bail report.
Defendant pleaded guilty to second degree robbery. (Pen. Code, §§ 211, 212.5, subd. (c).) In exchange for the plea and entry of a Harvey waiver in an unrelated case, defendant was promised no state prison at the outset and dismissal of the unrelated case at sentencing. Imposition of sentence was suspended and defendant was placed on probation for three years on conditions including 104 days of incarceration with credit for 104 days. He was ordered to pay a $200 restitution fine (§ 1202.4), a $200 restitution fine suspended unless probation is revoked (§ 1202.44), a $20 court security fee (§ 1465.8), and various costs associated with the case.
Further undesignated statutory references are to the Penal Code unless otherwise indicated.
People v. Harvey (1979) 25 Cal.3d 754.
In September 2006, a petition was filed alleging that defendant violated his probation by failing to report to probation in writing, failing to meet with or contact the probation officer, failing to enroll in a drug treatment and education program, failing to enroll in a theft awareness class, failing to undergo an AIDS test, and failing to undergo urinalysis testing. A warrant was issued for defendant’s arrest.
More than four years later, in December 2010, defendant was arrested on the warrant. He admitted the probation violation.
Defendant was sentenced to state prison for five years, awarded 103 days’ custody credit and 15 days’ conduct credit. The $200 restitution fine (§ 1202.4) was confirmed, the stay of the $200 probation revocation fine (§ 1202.44) was lifted, and a $200 parole revocation fine (§ 1202.45) was imposed and stayed pending completion of parole. The $20 court security fee (§ 1465.8) was confirmed.
Section 2933 does not entitle defendant to additional conduct credit because he was committed for a serious felony. (§§ 1192.7, subd. (c)(19), 2933, subd. (e)(3).)
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: ROBIE, J., MAURO, J.