Opinion
NOT TO BE PUBLISHED
Superior Court County of Ventura No. 2004045971, Bruce A. Clark, Judge
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
PERREN, J.
David L. Paschall appeals from the judgment entered after he pleaded guilty to petty theft with a prior conviction (Pen. Code, § 666) and admitted one prior strike conviction (§§ 667, subds. (a)(1), (d)(1), (e)(1), 1170.12, subds. (b)(1), (c)(1)). He was sentenced to two years eight months in state prison, consisting of the low term of 16 months, doubled for the strike prior. Paschall was initially awarded 128 presentence custody credits. The trial court subsequently granted Paschall's section 1237.1 motion to correct the award of presentence credits, and accordingly issued an amended abstract of judgment reflecting 134 days of presentence credit.
Further statutory references are to the Penal Code.
Because Paschall pleaded guilty, the pertinent facts are derived from the preliminary hearing. On November 9, 2004, a security officer at the Target store in Camarillo observed Paschall as he stole an 87-year-old woman's wallet from her purse in her shopping cart while her back was turned. The crime was also recorded on the store's video surveillance cameras. The victim reported that she had $21 in the wallet at the time of the theft. The security officer called the police, who arrived shortly thereafter and arrested Paschall. A total of $144 in cash was found in his pocket. Of that amount, Paschall handed the officer a $20 bill and a $1 bill and told him he had taken it and was giving it back.
We appointed counsel to represent Paschall in this appeal. After examination of the record, counsel filed an opening brief in which no issues were raised.
On September 26, 2006, we advised Paschall that he had 30 days in which to personally submit any contentions that he wished to raise on appeal. On October 16, 2006, we received a supplemental letter brief from Paschall, stating (1) that his trial attorney provided ineffective assistance of counsel by advising him to admit that his prior second degree burglary conviction qualified as a strike; and (2) that his custody credits were incorrectly calculated. Paschall's ineffective assistance of counsel claim fails for the reasons stated in the order denying his petition for a writ of habeas corpus, filed this same date under a separate order. We also reject his claim that his custody credits were incorrectly calculated because he is not entitled to credit in this case for the time he was incarcerated on another charge.
We have examined the entire record and are satisfied that Paschall's appointed counsel has fully complied with his responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
We concur: YEGAN, Acting P.J. COFFEE, J.