Opinion
Super. Ct. No. 03-7247
DAVIS , Acting P.J.
While trick-or-treating on Halloween night in 2003, defendant San Fahm Saeteurn and several friends participated in a fight with a group of youths. A friend gave defendant a knife to defend himself from a much larger member of the other group. During the altercation, defendant stabbed a youth in the chest.
Because defendant pleaded no contest, our statement of facts is taken from the transcript of the preliminary hearing.
Defendant pleaded no contest to felony assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) In exchange, three related counts and enhancing allegations were dismissed. He was sentenced to state prison for three years. The trial court suspended execution of defendant’s sentence and placed him on probation for five years.
Hereafter, undesignated section references are to the Penal Code.
In October 2005, a petition was filed alleging that defendant had violated his probation by failing to obey all laws; in particular, he had been arrested for misdemeanor battery. (§ 242.) Before the petition could be heard, defendant pleaded guilty to the battery count. His subsequent motion to withdraw his plea was denied. Following a contested hearing, the trial court found defendant in violation of his probation. The trial court ordered execution of defendant’s prison sentence. Defendant was awarded 404 days of custody credit and 202 days of conduct credit, directed to make restitution to the victim, and ordered to pay a $200 restitution fine (§ 1202.4, subd. (b)) and a $200 restitution fine suspended unless parole is revoked (§ 1202.45).
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 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: RAYE , J., MORRISON , J.