P. v. Butler CA5
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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
OMARI BUTLER,
Defendant and Appellant.
F072587
(Super. Ct. No. F15902510)
OPINION
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County.
David Andrew Gottlieb, Judge.
Allan E. Junker, under appointment by the Court of Appeal, for Defendant and
Appellant.
Office of the State Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
* Before Poochigian, Acting P.J., Franson, J., and Peña, J.
2
Appointed counsel for defendant Omari Butler 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.) Defendant was advised of his 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. Finding no arguable issues, we affirm.
We provide the following brief description of the facts and procedural history of
the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On April 21, 2015, defendant committed acts of violence against the mother of his
son.
On July 8, 2015, defendant was convicted by no contest plea of criminal threats
(Pen. Code, § 422)1 and misdemeanor corporal injury to a cohabitant (§ 273.5,
subd. (f)(1)). He admitted having suffered a prior conviction for domestic violence.
On September 1, 2015, the trial court sentenced defendant to the low term of
16 months in prison on the section 422 count and 268 days in jail on the misdemeanor
count. The court awarded defendant 268 days of credit. The court ordered defendant to
pay a $600 restitution fine (§ 1202.4), a suspended $600 parole revocation fine
(§ 1202.45), an $80 court security fee (§ 1465.8), and a criminal conviction assessment of
$60 (Gov. Code, § 70373). The court also issued a five-year criminal protective order
(§§ 136.2, subd. (i)(1), 273.5, subd. (j)).
On October 26, 2015, defendant filed a notice of appeal.
We have reviewed the record and have found no arguable issues on appeal.
DISPOSITION
The judgment is affirmed.
1 All statutory references are to the Penal Code, unless otherwise noted.
Description | On July 8, 2015, defendant was convicted by no contest plea of criminal threats (Pen. Code, § 422)1 and misdemeanor corporal injury to a cohabitant (§ 273.5, subd. (f)(1)). He admitted having suffered a prior conviction for domestic violence. On September 1, 2015, the trial court sentenced defendant to the low term of 16 months in prison on the section 422 count and 268 days in jail on the misdemeanor count. The court awarded defendant 268 days of credit. The court ordered defendant to pay a $600 restitution fine (§ 1202.4), a suspended $600 parole revocation fine (§ 1202.45), an $80 court security fee (§ 1465.8), and a criminal conviction assessment of $60 (Gov. Code, § 70373). The court also issued a five-year criminal protective order (§§ 136.2, subd. (i)(1), 273.5, subd. (j)). |
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