Opinion
C086510
08-10-2018
THE PEOPLE, Plaintiff and Respondent, v. WILLIAM MICHAEL DOMOE, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CRF-17-376)
Appointed counsel for defendant William Michael Domoe asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.
I
Defendant hit A.A. with an axe handle multiple times during a fight. There were no injuries, and the two separated after exchanging more words.
Defendant pleaded no contest to assault with a deadly weapon. (Pen. Code, § 245.) The trial court found unusual circumstances, placed defendant on probation for three years with 13 days in county jail, and ordered defendant to pay various fines and fees, including a $300 restitution fine (§ 1202.4), a suspended $300 probation revocation fine (§ 1202.44), a $40 court security fee (§ 1465.8, subd. (a)), a $30 criminal conviction fee (Gov. Code, § 70373), a $370 presentence report (§ 1203.1b), and a booking fee of $43.50 (Gov. Code, § 29550.2).
Undesignated statutory references are to the Penal Code. --------
About five months later, probation filed a petition for revocation of probation alleging defendant had failed to enroll in his treatment program and failed to report for drug testing. Defendant admitted the probation violation.
The trial court sentenced defendant to the midterm of three years. The previously imposed fines remained imposed, the previously suspended probation revocation fine was imposed, and a $300 parole revocation fine was imposed and suspended. (§ 1202.45.) The trial court awarded defendant 104 days of presentence credit.
II
Appointed counsel filed an opening brief setting forth the facts of the case and asking this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 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 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.
/S/_________
MAURO, J. We concur: /S/_________
ROBIE, Acting P. J. /S/_________
MURRAY, J.