Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. PA060111, Alice C. Hill, Judge.
Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
FLIER, J.
Victor Hugo Garcia appeals his conviction for carjacking. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. Appellant was notified that he could file his own brief and has not done so.
For an incident that occurred on April 13, 2007, appellant was charged with carjacking while personally using a deadly weapon, a knife (count 1), and driving without the owner’s consent (count 5). For an incident on June 8, 2007, he was charged with carjacking (count 2), second degree robbery (count 3), and driving without the owner’s consent (count 6). For an incident on June 9, 2007, he was charged with carjacking (count 4) and driving without the owner’s consent (count 7). As to counts 5, 6, and 7, it was further alleged that appellant had a previous conviction for driving without the owner’s consent.
According to the probation report, appellant and his companions forced three different victims to relinquish their cars, and then drove away in the cars. Appellant brandished a knife during the incident on April 13, 2007.
At the proceedings on August 29, 2008, appellant’s counsel told the court that appellant was ready to accept a plea bargain, but wanted the court to consider giving him “halftime” credit, as he had never been to prison before. The court said the determination of credit had to be based on the charge to which appellant pled. The prosecutor explained that appellant would only receive 15 percent credit, as he was pleading to a violent felony. Appellant understood that the plea was on count 1, with the upper term of nine years for carjacking (Pen. Code, § 215, subd. (a)), plus the low term of one year for the knife allegation (§ 12022, subd. (b)(2)), for a total of 10 years. He said he understood that the offense was both a violent felony and a serious felony. He waived his constitutional rights and pled no contest pursuant to the plea. After reading a letter from appellant, the court told him: “Because this is a violent felony you are going to do 85 percent time.” It asked him if he wanted to make the plea. He said he did. The court accepted the plea and sentenced him accordingly. He received 393 days of credit, which was 337 days of actual credit plus 56 days of good time/work time credit, computed at the 15 percent rate.
Further code references are to the Penal Code unless otherwise stated.
Appellant filed a notice of appeal on October 29, 2008. He asked for a certificate of probable cause because he did not receive 50 percent credit. The request was denied.
Because carjacking is in the list of violent felonies in section 667.5, subdivision (c), appellant’s credits were properly computed at the 15 percent rate. (§ 2933.1.)
After review of the entire record on appeal, we are satisfied that appellant’s attorney has fully complied with his responsibilities, and no arguable issues exist. (Smith v. Robbins (2000) 528 U.S. 259, 276; People v. Kelly (2006) 40 Cal.4th 106, 123-124; Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
We concur: RUBIN, ACTING P. J. BENDIX, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.