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People v. Price

California Court of Appeals, Third District, Butte
Jul 1, 2011
No. C066285 (Cal. Ct. App. Jul. 1, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. DONNIE JUSTIN PRICE, Defendant and Appellant. C066285 California Court of Appeal, Third District, Butte July 1, 2011

NOT TO BE PUBLISHED

Super. Ct. No. CM032334

HOCH, J.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436.

Police were dispatched to the hospital regarding a reported incident of domestic violence. There, they met with defendant Donnie Justin Price’s girlfriend, Michelle W., who was being treated for a dislocated shoulder. Michelle W. told police that during an argument, defendant grabbed her by the throat and began strangling her, then grabbed her by the shoulder and tripped her, causing her to fall to the ground and land on her shoulder.

Represented by counsel, defendant pled guilty in case No. CM032334 to battery with serious bodily injury, a felony (Pen. Code, § 243, subd. (d); undesignated references are to the Penal Code) in exchange for dismissal of a remaining count. The court also found defendant violated probation in case No. CM030645.

The court denied probation and sentenced defendant to the middle term of three years in state prison, plus a concurrent one-year term for the probation violation, and awarded him 236 days of presentence custody credit (158 days of actual custody credit, plus 78 days of conduct credit). The court imposed a $200 restitution fine (§ 1202.4, subd. (b)), a $200 parole revocation fine stayed pending successful completion of parole (§ 1202.45), a $30 court security fee (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373). Defendant filed a timely notice of appeal.

In conjunction with his opening brief, defendant filed a motion in the trial court to correct the presentence custody credits. On March 24, 2011, the trial court issued an amended abstract of judgment reflecting 316 days of presentence custody credit (comprised of 158 days of actual credit plus 158 days of conduct credit).

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, 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 elapsed, and we received no communication from defendant.

Having undertaken an examination of the entire record, we find no arguable error in favor of defendant.

DISPOSITION

The judgment is affirmed.

We concur: RAYE, P. J., NICHOLSON, J.


Summaries of

People v. Price

California Court of Appeals, Third District, Butte
Jul 1, 2011
No. C066285 (Cal. Ct. App. Jul. 1, 2011)
Case details for

People v. Price

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DONNIE JUSTIN PRICE, Defendant…

Court:California Court of Appeals, Third District, Butte

Date published: Jul 1, 2011

Citations

No. C066285 (Cal. Ct. App. Jul. 1, 2011)