P. v. Hornaday
Filed 8/15/06 P. v. Hornaday CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Shasta)
| THE PEOPLE, Plaintiff and Respondent, v. JOHN SHANNON HORNADAY, Defendant and Appellant. | C051464
(Super. Ct. Nos. 05F5568 & 05F5639)
|
Defendant John Shannon Hornaday pleaded guilty to assault by means of force likely to result in great bodily injury (Pen. Code, § 245, subd. (a)(1); further statutory references are to the Penal Code) and pleaded no contest to obstructing an officer (§ 69). He was sentenced to state prison for three years, awarded 92 days of custody credit and 46 days of conduct credit, and ordered to pay a $600 restitution fine plus a 10 percent administrative fee (§ 1202.4), a $600 restitution fine suspended unless parole is revoked (§ 1202.45), and a $20 court security fee (§ 1465.8).
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 elapsed, and we received no communication from defendant.
Our review of the record has disclosed a minor error on the abstract of judgment. The sentencing triad for section 245, subdivision (a)(1) is two, three or four years. The trial court orally imposed the middle term. Thus, in part 1. of the abstract, the three-year term for count A2 should be designated â€
