Opinion
NOT TO BE PUBLISHED
Super. Ct. Nos. CM026579, CM022670
Robie, J.
In March 2005, defendant Richard Delbert Davis drove while intoxicated and ran into a tree. His wife and a friend removed him from his car, took him home, and placed him in bed. When he awoke he yelled at his wife and blamed her for the accident. He “head-butted” her and slapped the side of her head. She sustained a three-inch bump on the side of her head and a red mark below her nose.
In April 2005, in case No. CM022670, defendant pled guilty to infliction of corporal injury on a spouse or cohabitant and admitted a prior conviction of the same offense. Imposition of sentence was suspended and defendant was placed on probation for five years on the conditions, among others, that he serve 180 days in jail and pay a $200 restitution fine, a $200 restitution fine suspended unless probation is revoked, a $300 battered women’s shelter fee, a $400 domestic violence program fee, a $25 administrative screening fee, $445 for the presentence investigation report, $420 for the public defender, $25 for a work program, and a $20 court security fee.
In December 2006, defendant drove his car on the wrong side of the road and collided with two other cars. Defendant, who smelled strongly of alcohol after the collision, claimed that he could not remember what had happened and asked whether he had killed anyone. Defendant claimed that he had started drinking again because his wife drank a lot. His blood-alcohol level was .18 percent. His four victims suffered substantial injuries: the first suffered a fractured pelvis, scalp lacerations, and multiple contusions; the second suffered multiple injuries; the third lost teeth, suffered multiple contusions, and complained of neck and back pain; and the fourth suffered multiple contusions and injuries to his ankle and knee.
In April 2007, in case No. CM026579, defendant pled no contest to causing injury while driving under the influence of alcohol and drugs and admitted allegations that he personally inflicted great bodily injury and proximately caused bodily injury to three other individuals in the commission of the offense.
Based on his plea in the driving case, the trial court found that defendant was in violation of his probation in the spousal injury case.
Defendant was sentenced to state prison for 10 years 4 months, consisting of the three-year upper term for the driving offense plus three years for great bodily injury, three years for injuring multiple victims, and one year four months for the spousal assault. He was awarded 127 days of custody credit and 18 days of conduct credit.
The $200 restitution fines and $20 court security fee in the spousal assault case were confirmed. In the driving case, defendant was ordered to pay an $1,800 restitution fine, an $1,800 restitution fine suspended unless parole is revoked, a $390 DUI fine plus penalty assessments, and a $20 court security fee. Following a contested hearing, defendant was ordered to make restitution to victim A. D. in the amount of $104,214.15, and to victim D. M. in the amount of $65,396.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the cases 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.
Our review of the record reveals that defendant is entitled to an additional day of custody credit. The period from March 3, 2005, to and including June 9, 2005, is 99 days rather than 98. This entitles him to an aggregate 128 days of custody credit but does not alter his entitlement to conduct credit.
Our review also discloses that the abstract of judgment does not reflect the amounts of the restitution fine, suspended restitution fine, and court security fee previously imposed and later confirmed in case No. CM022670. The amended abstract should reflect each of those amounts.
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 modified to award defendant 128 days of custody credit. As so modified, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment, including all applicable fines and fees, and to forward a certified copy to the Department of Corrections and Rehabilitation.
We concur: SCOTLAND, P.J., SIMS, J.