Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CRF10383.
MAURO, J.
Appointed counsel for defendant Juan Luis Guillen-Garcia 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 (Wende).) We find no arguable error and no issues regarding presentence credits. We will affirm the judgment.
I
Defendant’s girlfriend left her two-year-old son with defendant while she went to work. When she returned the child had multiple injuries.
Law enforcement took the child to a hospital. The child had bruises to his face, forehead, thighs and buttocks. He also had ligature marks with bruising and abrading on his neck. Sexual assault was suspected based on an anal laceration that was still bleeding. Defendant admitted to the trial court that he caused the child’s injuries.
Defendant waived his right to a preliminary hearing. On August 20, 2010, he pleaded guilty to child abuse (Pen. Code, § 273a, subd. (a)) and admitted personal infliction of great bodily injury on the child (Pen. Code, § 12022.7, subd. (d)).
On September 17, 2010, the trial court sentenced defendant to state prison for 12 years (six years for the substantive offense plus six years for the enhancement). The trial court imposed a $30 court security fee (Pen. Code, § 1465.8), a $30 criminal conviction assessment (Gov. Code, § 70373), and restitution fines in the amount of $2,400 pursuant to Penal Code sections 1202.4 and 1202.45. The trial court awarded defendant 37 days of actual custody credit plus five days of conduct credit, totaling 42 days of presentence credit.
The conduct credits were limited by Penal Code section 2933.1 to 15 percent of the time actually served because child abuse with great bodily injury is a violent felony within the meaning of Penal Code section 667.5, subdivision (c)(8). Because defendant was convicted of a violent felony, he is not eligible to receive presentence conduct credits under the amendments to Penal Code sections 4019 (effective January 25, 2010) and 2933 (effective September 28, 2010).
II
Appointed counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (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 of the opening brief. More than 30 days have elapsed and we have 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.
We concur: NICHOLSON, Acting P.J., ROBIE, J.