P. v. Long
Filed 2/7/13 P. v. Long 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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
(Tehama)
THE PEOPLE,
Plaintiff and Respondent,
v.
CHRISTOPHER ALAN LONG,
Defendant and Appellant.
C071871
(Super. Ct. No.
NCR82740)
Appointed
counsel for defendant Christopher Alan Long asked this court to review the
record to determine whether there are any arguable
issues on appeal. (
We will correct an error in the abstract of judgment, but we find no
other arguable error that would result in a disposition more favorable to
defendant. Accordingly, we will affirm
the judgment.
I
On October 15, 2011, the City of Red
Bluff Police Department received a report of a shooting. The victims, Josh and Jacob Bumpus, reported
they were at a local convenience store and defendant was parked next to them. According to Josh and Jacob, defendant began
“talking trash†to them. Josh and Jacob
left the store and defendant followed them for a period of time.
Soon
thereafter, Josh and Jacob were standing in front of their house with two
others when defendant drove up, stopped in the street, and said something to
them. One of the men approached
defendant, when he was within approximately four feet of defendant’s car,
defendant “brought his arm around, holding a handgun.†Defendant then fired a single shot and drove
away. The bullet fired by defendant
pierced the bed of a parked truck and lodged itself in the front porch of the
house.
Defendant
was subsequently arrested and charged with attempted
murder (Pen. Code,
name="_ftnref1" title="">[1]
§§ 664, 187) and two counts of assault with a firearm (§§ 245, subd. (b), 245,
subd. (a)(2)). It was further alleged
defendant personally and intentionally discharged a firearm in violation of
section 12022.53, subdivision (c), and personally used a firearm in violation
of section 12022.5, subdivisions (a) and (d).
Defendant
retained counsel and waived a preliminary
hearing. He later pleaded guilty to
both counts of assault with a firearm and admitted he personally and
intentionally discharged a firearm. In
exchange for his plea, the People agreed to dismiss the remaining charge and
allegations and to a sentencing lid of 11 years. The trial court later sentenced defendant to
an aggregate term of seven years in state prison. The trial court ordered defendant to pay
various fines and fees and awarded him 332 days of custody credit (289 actual
and 43 conduct).
Defendant
appeals without a certificate of probable cause.
II
Appointed
counsel filed an opening brief setting forth the facts of the case and asking
this court to review the record and determine whether there are any arguable
issues on appeal. (Wende, supra, 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 the opening brief. More than 30 days elapsed and we received no
communication from defendant.
Our review
discloses a clerical error in the abstract of judgment. The abstract of judgment indicates defendant
received 342 days of custody credit (289 actual and 43 conduct). The trial court orally imposed 332 days of
custody credit (289 actual and 43 conduct).
When you add 289 to 43, the total number is 332. The error in the abstract of judgment is,
therefore, a mathematical error that we will direct the trial court to correct.
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. The trial court is
directed to correct the abstract of judgment to reflect custody credits
totaling 332 days, not 342 days. The
trial court shall forward a certified copy of the corrected abstract of
judgment to the California Department of
Corrections and Rehabilitation.
BLEASE , J.
We concur:
RAYE , P.
J.
NICHOLSON , J.
name="_ftn1" title="">[1] Undesignated section references are to
the Penal Code.
