Opinion
C085729
07-17-2018
THE PEOPLE, Plaintiff and Respondent, v. BRANDON WILLIAM KILPATRICK, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. 14F7285, 15F1595)
On November 26, 2014, defendant Brandon William Kilpatrick pushed around his girlfriend and threw her to the floor. He was arrested for domestic violence and subsequently broke a police car window. Defendant pled no contest to felony vandalism and misdemeanor battery to a cohabitant in case No. 14F7285.
On January 11, 2015, defendant punched his cohabitant several times in the head, injuring her. Defendant pled no contest to willfully inflicting corporal injury to a cohabitant with a prior domestic violence conviction in case No. 15F1595.
Defendant was placed on three years' formal probation for both cases. Following defendant's second violation of probation he agreed to a stipulated four year eight month state prison term with execution suspended and probation reimposed.
Defendant admitted to violating probation two more times. Following the fourth probation violation, the trial court executed the four year eight month prison term, imposed various fines and fees, and awarded 236 days of presentence credit (118 actual and 118 conduct).
Defendant appeals. His request for a certificate of probable cause was denied.
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 elapsed, and we received no communication from defendant.
There is an error in the abstract, which states the Penal Code section for the corporal injury count as 275.5 rather than the correct section, 273.5. We shall order a correction to the abstract.
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. The trial court is directed to prepare an amended abstract of judgment reflecting the correct Penal Code section for the corporal injury count, as stated in this opinion. The court is further directed to prepare a certified copy of the amended abstract and forward it to the Department of Corrections and Rehabilitation.
/s/_________
Robie, J. We concur: /s/_________
Raye, P. J. /s/_________
Hull, J.