P. v. Yamasaki
Filed 3/5/13 P. v. Yamasaki CA4/1
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
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION
ONE
STATE
OF CALIFORNIA
THE PEOPLE,
Plaintiff and Respondent,
v.
MICHAEL YAMASAKI,
Defendant and Appellant.
D062340
(Super. Ct.
No. SCN264816-2)
APPEAL from
a judgment of the Superior Court
of
County, Aaron H. Katz, Judge.
Affirmed.
Michael
Yamasaki was convicted of two counts of burglary
(Pen. Code, § 459); possessing a
controlled substance (Health & Saf. Code, § 11377, subd. (a));
possessing a hypodermic syringe, a misdemeanor (Bus. & Prof. Code, former
§ 4140); and possessing not more than 28.5 grams of marijuana, an
infraction (Health & Saf. Code, § 11357, subd. (b)). Yamasaki was found to have served three prior
prison terms (Pen. Code, § 667.5, subd. (b)). The court sentenced him to six years in
prison: the three-year upper term on one
of the burglary counts, concurrent terms on the other two felony counts and one
year for each prison prior. The record
does not disclose when or how long Yamasaki was in custody before sentencing or
what custody and conduct credits the court initially awarded.
On June 5, 2012, Yamasaki filed an
for a correction of presentence credits.
He asserted he had been in custody from July 9, 2009, to November
23, 2009, and was entitled to 137 days' actual credit and 68 days'
conduct credit, rather than the 79 days' actual credit and the 38 days' conduct
credit the court had awarded. On June
13, 2012, the court filed a minute order, nunc pro tunc to March 30, 2011,
reflecting 79 days' actual credit and 78 days' conduct credit, a total of 157. Yamasaki appeals the June 13 order.
Appointed appellate
counsel has filed a brief summarizing the proceedings below. Counsel presents no argument for reversal,
but asks this court to review the record for error as mandated by
v. Wende (1979) 25 Cal.3d 436.
Pursuant to Anders v. California
(1967) 386 U.S.
738, counsel lists, as a possible, but not arguable, issue: whether Yamasaki received all credits to
which he was entitled.
We granted
Yamasaki permission to file a brief on his own behalf. He has not responded. A review of the record pursuant to
and Anders v. California, supra, 386
U.S. 738, including the possible issue listed pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no
reasonably arguable appellate issues.
Yamasaki has been competently represented by counsel on this appeal.
DISPOSITION
The
judgment is affirmed.
BENKE, Acting P. J.
WE CONCUR:
HALLER, J.
McDONALD, J.
