Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CRF091094.
HULL, Acting P.J.
Appointed counsel for defendant Robert Arthur Saylor asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error, but we conclude defendant is entitled to an additional day of presentence conduct credit. We will modify the judgment to reflect the additional day of conduct credit and affirm the judgment as modified.
I
In February 2009, while on probation in an unrelated case, defendant was stopped by a police officer and searched. The search revealed a plastic baggie containing 0.5 grams of methamphetamine inside defendant’s jacket pocket. Defendant pleaded no contest to possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)), was granted three years of Proposition 36 probation, and ordered to pay various fines and fees.
On October 15, 2009, defendant admitted violating his probation by failing to enter a drug treatment program and failing to contact his probation officer. The court reinstated defendant’s probation.
Defendant admitting violating his probation again in June 2010 when he failed to report to his probation officer, failed to complete a substance abuse program, and failed to provide proof of drug registration. Defendant was once again reinstated on probation.
On December 27, 2010, defendant again admitted violating his probation. This time, defendant admitted testing positive for methamphetamine and THC. The trial court revoked defendant’s probation and sentenced him to 16 months in state prison. Defendant was awarded 237 days’ custody credit (119 actual days and 118 conduct days), and ordered to pay various fines and fees. Defendant’s request to waive the previously imposed fines was denied.
Defendant appealed without a certificate of probable cause.
II
Appointed counsel filed an opening brief that sets forth the facts of the case and asked this court to review the record and determine whether there are any arguable issues on appeal. (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 have elapsed and we have received no communication from defendant.
Defendant having been sentenced on December 27, 2010, is entitled to one day of presentence conduct credit for each day of actual presentence confinement served (Sen. Bill No. 76 (2009-2010 Reg. Sess.) § 1; Pen. Code, § 2933, subd. (e)(1), (2), (3)). Defendant served 119 days in custody prior to being sentenced; he is therefore entitled to 119 days’ conduct credit.
Having undertaken an examination of the entire record, we find no further error that would result in a disposition more favorable to defendant.
Disposition
The judgment is modified to reflect actual credit of 119 days and conduct credit of 119 days, for total presentence credit of 238 days. The judgment is affirmed as modified. The trial court is directed to prepare an amended abstract of judgment reflecting these changes and to forward a copy of the amended abstract to the California Department of Corrections and Rehabilitation.
We concur: ROBIE, J., MAURO, J.