People v. Graham

Full title: THE PEOPLE, Plaintiff and Respondent, v. SHAWN COLIN GRAHAM, Defendant and…

Court: California Court of Appeals, Third District, Yuba

Date published: Dec 28, 2007

No. C055859 (Cal. Ct. App. Dec. 28, 2007)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. SHAWN COLIN GRAHAM, Defendant and Appellant. No. C055859 California Court of Appeal, Third District, Yuba December 28, 2007

NOT TO BE PUBLISHED

Super. Ct. No. CRF06-496

BUTZ, J.

On July 18, 2006, defendant Shawn Colin Graham struck the three-year-old victim’s face with his open hand causing bruising, a traumatic condition.

Defendant entered a negotiated plea of no contest to willfully inflicting cruel or inhuman corporal punishment on a child resulting in a traumatic condition (Pen. Code, § 273d, subd. (a)) in exchange for dismissal of a related misdemeanor case (case No. CRM06-1288) and a sentencing lid of the low term of two years.

The court denied probation and sentenced defendant to state prison for the low term of two years.

Defendant appeals. He did not obtain a certificate of probable cause. (Pen. Code, § 1237.5.)

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 have elapsed, and we have received no communication from defendant.

We find an error in the judgment. The trial court awarded eight actual days and two conduct days for a total of 10 days of presentence custody credit. Defendant was entitled to four conduct days for a total of 12 days of presentence custody credit. (Pen. Code, § 4019; People v. Williams (2000) 79 Cal.App.4th 1157, 1176, fn. 14.) We will modify the judgment accordingly. (People v. Guillen (1994) 25 Cal.App.4th 756, 764.) In the interest of judicial economy, we correct this unauthorized sentence without requesting supplemental briefing; a party claiming to be aggrieved may petition for rehearing. (Gov. Code, § 68081.)

Having undertaken an examination of the entire record, we find no other arguable error that would result in a disposition more favorable to defendant.

DISPOSITION

The judgment is modified to provide for four conduct days for a total of 12 days of presentence custody credit. The trial court is directed to prepare an amended abstract of judgment accordingly and to forward a certified copy to the Department of Corrections and Rehabilitation. As amended, the judgment is affirmed.

We concur: SCOTLAND , P.J., MORRISON , J.