Opinion
NOT TO BE PUBLISHED
Appeal from a judgment of the Superior Court of Orange County No. 09NF3673, Donald F. Gaffney, Judge.
Gregory Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
OPINION
RYLAARSDAM, ACTING P. J.
In a negotiated plea agreement, defendant William Augustus Sassa pleaded guilty to possession of methamphetamine (Health & Saf. Code, § 11377), possession of a controlled substance without a prescription (Bus. & Prof. Code, § 4060), and driving a vehicle with a suspended license (Veh. Code, § 14601.2, subd. (a)). He also admitted having prior strike convictions (Pen. Code, §§ 667, subds. (d), (e)(2)(A), 1170.12, subds. (b), (c)(2)(A); all further statutory references are to this code) for robbery (§ 211) and assault with a deadly weapon or with force likely to produce great bodily injury (§ 245, subd. (a)(1)). In return, the court dismissed the strike allegations for sentencing purposes and sentenced defendant to the agreed term of two years, to be served concurrently with the sentence in case No. 09NF3534. As agreed, it also awarded him credit for 222 days of actual custody and 111 days of section 4019 credits.
Defendant moved to modify his section 4019 credits but filed no supporting points and authorities. At the hearing on the motion, defense counsel stated she filed the motion to allow the court to increase “the credits, if [it] desire[d]” by striking defendant’s prior strike convictions for purposes of amended section 4019 (Stats. 2009, 3d Ex.Sess. 2009-2010, ch. 28, § 50), effective January 25, 2010. The court denied the motion, declining to exercise its discretion to strike the priors.
Defendant appeals from the sentence only. We appointed counsel to represent defendant on appeal. Counsel filed a brief summarizing the facts and proceedings below. He did not argue against defendant but advised the court he had not found any issues to present on defendant’s behalf. (People v. Wende (1979) 25 Cal.3d 436.) Pursuant to Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], counsel identified the possible, but not arguable issue, of the section 4019 credits, to aid us in our independent review of the record.
Amended section 4019 increased the conduct credits to four days for every two days in local custody for qualified defendants. (§ 4019, subds. (a)(1), (4), (f).) But certain defendants do not qualify for the additional credits, among them those who have been convicted of serious felonies, including robbery (§ 1192.7, subd. (c)(19)) and assault with a deadly weapon (§ 1192.7, subd. (c)(31)). Because defendant had prior strike convictions for both, he is not entitled to any additional credits.
Defendant argued the trial court had discretion to strike the prior convictions for section 4019 purposes under People v. Jones (2010) 188 Cal.App.4th 165. But the California Supreme Court has granted review (People v. Jones (Dec 15, 2010, S187135) and thus the case may not be cited as legal authority. Nevertheless we need not decide the issue because the trial court declined to exercise its discretion to strike the priors and we perceive no abuse of discretion.
We granted defendant 30 days to file written argument on his own behalf. More than 30 days elapsed, and we received no communication from him.
The judgment is affirmed.
WE CONCUR: BEDSWORTH, J., FYBEL, J.