P. v. Olmos
Filed 12/3/13 P. v. Olmos CA2/4
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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
SECOND APPELLATE DISTRICT
DIVISION FOUR
THE
PEOPLE,
Plaintiff and Respondent,
v.
JORGE
JESUS OLMOS,
Defendant and Appellant.
B247241
(Los Angeles County
Super. Ct. No. KA092784)
APPEAL from a judgment of the Superior Court of
County,
Wade Olson,
Judge. Affirmed.
California Appellate Project, Jonathan
B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for
Defendant and Appellant.
No appearance for Plaintiff and
Respondent.
Jorge Jesus
Olmos appeals from an order of the trial court denying his motion to correct
his custody credits pursuant to
recent amendments to Penal Code section 4019.
Appellant was charged by information
with attempted murder (§ 664/
187, subd. (a)) and assault with a
firearm (§ 245, subd. (a)(2)). The
information included firearm and gang allegations (§§ 12022.53, 186.22) and
alleged that appellant had suffered four prior convictions (§ 667.5, subd.
(b)).
Appellant entered a no contest plea to
the attempted murder charge, and the court dismissed the other count. The court sentenced appellant to a term of
nine years and awarded him 414 days of actual time credit and 62 days of
conduct credit, for a total of 476 days of presentence credit.
On February 22,
2013,
appellant moved to correct his presentence custody credits, relying on October
2011 amendments to section 4019 that provided enhanced conduct credits. (See People
v. Rajanayagam (2012) 211 Cal.App.4th 42, 48-50 [explaining the
amendments].) The trial court denied his
motion. Appellant appealed the court’s
order.
After review of the record,
appellant’s court-appointed counsel filed an opening brief asking this court to
review the record independently pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441.
On May 17, 2013, we advised appellant that he had 30
days within which to submit any contentions
or issues that he wished us to consider.
No response has been received to date.
Appellant’s conduct credits are
limited by section 2933.1, which operates as an exception to section 4019 where
the defendant is convicted of a violent felony under section 667.5, subdivision
(c). (People v. Brewer (2011) 192 Cal.App.4th 457, 462.) Attempted murder is a violent felony under
section 667.5, subdivision (c)(12). Appellant’s
conduct credits thus are limited to 15 percent of his actual days in
custody. (Ibid.)
We have examined the entire record and
are satisfied that no arguable issues exist, and that appellant has, by virtue
of counsel’s compliance with the Wende
procedure and our review of the record, received adequate and effective
appellate review of the judgment entered against him in this case. (Smith
v. Robbins (2000) 528 U.S. 259, 278; People v. Kelly (2006) 40 Cal.4th 106, 112-113.)
DISPOSITION
The
judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
WILLHITE,
J.
We concur:
EPSTEIN, P. J.
SUZUKAWA, J.
name="_ftn1" title="">[1] All further
statutory references are to the Penal Code.
