Opinion
F075565
02-14-2018
THE PEOPLE, Plaintiff and Respondent, v. BARRINGTON NEWTON GREEN, JR., Defendant and Appellant.
Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 1478176)
OPINION
THE COURT APPEAL from a judgment of the Superior Court of Stanislaus County. Dawna Reeves, Judge. Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.
Before Franson, Acting P.J., Smith, J. and Meehan, J.
-ooOoo-
Appellant Barrington Newton Green, Jr., appeals from his conviction following a plea of no contest.
Appointed counsel for appellant asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We sent a letter to appellant advising him of his 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 appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment.
We provide the following brief description of the factual and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
STATEMENT OF THE CASE AND FACTS
On October 14, 2016, appellant pleaded no contest to one count of lewd or lascivious acts on a child under the age of 14 (Pen. Code, § 288, subd. (a)), and one count of spousal battery (§ 243, subd. (e)(1)). Appellant admitted that he touched his wife's daughter's vagina over her clothing. He also admitted that he pushed his wife down on the couch during an argument.
All statutory references are to the Penal Code unless otherwise noted. --------
On March 9, 2017, the trial court granted appellant probation as to count 1 and ordered appellant to serve the first 300 days in jail. The court also sentenced appellant to 30 days on count 2, to run consecutive to the sentence imposed on count 1, and awarded appellant 35 days presentence custody credits. The court imposed a $300 restitution fund fine (§ 1204.4, subd. (b)), a stayed $300 probation revocation fine (§ 1202.44), a $300 fine pursuant to section 288, subdivision (e), a $500 domestic violence fine (§ 1203.097), an $80 court assessment fee, a $60 criminal conviction assessment (Gov. Code, § 70373), $200 toward the service of the court appointed attorney, and a $900 probation report fee.
Appellant timely filed an amended notice of appeal on May 1, 2017.
Our review of the entire record has revealed no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.