P. v. Guzman
On June 28, 2005, defendant Joe Ramirez Guzman punched a roommate in her face, breaking her nose and left cheek bone. Defendant, who was on parole at the time, absconded. He was arrested on August 16, 2005. By Information dated January 24, 2006 defendant was charged with battery causing serious bodily injury (Pen. Code, 242 to 243, subd. (d)), assault with force likely to cause great bodily injury (Pen. Code, 245, subd. (a)(1)), and several prior felony convictions (Pen. Code, 667.5, subds. (b) (i), 1170.12). He pleaded guilty to the assault charge and the trial court dismissed the battery count pursuant to the plea agreement. The court dismissed one of the prior convictions in response to defendants Romero motion, and sentenced defendant to six years in state prison. The court awarded no presentence custody credit, finding that defendants presentence custody was due to a parole violation based on mixed conduct.
Court have reviewed the entire record and have concluded that there are no arguable issues on appeal. Defendant was not entitled to additional presentence custody credit because his presentence custody was based on mixed conduct. (See People v. Bruner (1995) 9 Cal.4th 1178.)
The judgment is affirmed.
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