P. v. Buckley
Filed 7/30/07 P. v. Buckley CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Yuba)
----
THE PEOPLE, Plaintiff and Respondent, v. JOHN WAYNE BUCKLEY, JR., Defendant and Appellant. | C054127 (Super. Ct. No. CRF0683) |
During an argument, defendant John Wayne Buckley, Jr. struck his wife several times in the jaw and cheek, causing bruising on her jaw and a cut on the inside of her mouth.
Defendant was charged with inflicting corporal injury on a spouse resulting in a traumatic condition, having previously been convicted of a similar offense. (Pen. Code, 273.5, subd. (e); undesignated section references are to the Penal Code.) He pled guilty to that charge in exchange for a stipulated upper term sentence of five years, execution of which was suspended during a grant of probation conditioned, in part, upon his completion of a one-year residential drug rehabilitation program. The court also ordered that defendant pay for and successfully complete a batterers treatment program, and pay various fees and fines, including a $400 fee payable to the domestic violence fund ( 1203.097, subd. (a)(5)),[1]a $200 restitution fine ( 1202.4, subd. (b)) plus a ten percent collection fee, a $200 probation revocation restitution fine, stayed pursuant to section 1202.44, a $20 court security fee ( 1465.8) and a $20 monthly fee for the cost of probation services. ( 1203.1b.)
Defendant subsequently admitted violating the terms and conditions of his probation. Pursuant to the plea agreement, the court terminated probation and imposed the upper-term sentence of five years in state prison, ordering defendant to pay the $200 probation revocation fine. ( 1202.44.) The court also imposed a $200 parole revocation restitution fine, stayed pursuant to section 1202.45, and restated the $400 domestic violence fee and the $20 court security fee previously imposed. Defendant was awarded 163 actual custody credits and 80 conduct credits for a total of 243 presentence custody credits.
Defendant appeals. 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.
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
SIMS , J.
We concur:
SCOTLAND, P.J.
CANTIL-SAKAUYE , J.
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[1]The trial court mistakenly cited section 1202.97 with respect to this fee. However, the probation report, signed by the court as having been read and considered, correctly cites section 1203.097.
