People v. Simon

Full title: THE PEOPLE, Plaintiff and Respondent, v. JOSHUA ADAMS SIMON, Defendant and…

Court: California Court of Appeals, Second District, Second Division

Date published: May 11, 2011

No. B228994 (Cal. Ct. App. May. 11, 2011)

Opinion

THE PEOPLE, Plaintiff and Respondent, v. JOSHUA ADAMS SIMON, Defendant and Appellant. B228994 California Court of Appeal, Second District, Second Division May 11, 2011

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. KA086539

THE COURT:^*

Joshua Adams Simon appeals from the judgment entered upon his convictions of two counts of corporal injury to a child’s parent (Pen. Code, § 273.5, subd. (a))¹ upon his no contest plea pursuant to a plea agreement. The trial court sentenced appellant to an aggregate state prison term of three years four months, awarding him 12 days of actual credits plus six days of conduct credits. Thereafter, appellant filed a motion to amend the abstract of judgment to reflect 63 days of custody credits and 63 days of conduct credits. The trial court denied the motion, and appellant appealed from the denial.

1 All further statutory references are to the Penal Code unless otherwise indicated.

PROCEDURAL AND FACTUAL BACKGROUND²

2 Because this matter was resolved by a plea before the preliminary hearing, we take the facts from the probation report.

An amended felony complaint charged appellant with three counts of corporal injury to a child’s parent and one count of disobeying a domestic relations court order. (§ 273.6, subd. (a).)

The facts out of which the charges arose are as follows: On or about March 21, 2009, appellant and his girlfriend were arguing. When appellant’s girlfriend tried to leave the apartment, he pushed her down, straddled her and began to choke her. She escaped, and appellant again knocked her down and began punching her in the face. Appellant’s girlfriend again escaped and ran to the police. Appellant had attacked her on three previous occasions and, at the time of the charged incident, was subject to an active restraining order.

On May 15, 2009, appellant signed a written waiver form and pled guilty to two counts of corporal injury to a child’s parent. The trial court sentenced him to a prison term of three years four months, awarding 12 days of custody credits and six days of conduct credits. No appeal was taken from the judgment.

On August 13, 2010, based upon the amendment to section 4019 earlier that year, appellant filed a motion to amend the abstract of judgment to reflect 63 days of custody credits and 63 days of conduct credits. The trial court denied the motion because appellant was sentenced on May 15, 2009, and the amendment to section 4019, according greater conduct credits, took effect on January 25, 2010.

Appellant filed a notice of appeal from the denial of his motion to amend his credits.

We appointed counsel to represent appellant on this appeal. After examination of the record, counsel filed an “Opening Brief” in which no issues were raised. On March 7, 2011, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response from appellant has been received.

We have examined the entire record and are satisfied that appellant’s attorney 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.