THE PEOPLE v. TRINIDAD EDWARD ARZATE (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Trinidad Edward Arzate (appellant) appeals from the denial of his motion to adjust sentencing credits.   On September 28, 2009, appellant pleaded nolo contendere to possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a).   The trial court sentenced appellant to the midterm of two years in prison.   Appellant was given total credits of 32 days, consisting of 22 days actual custody and 10 days good time/work time.

We appointed counsel to represent appellant on this appeal.   After examination of the record, counsel filed an “Opening Brief” containing an acknowledgment that they had been unable to find any arguable issues.   On December 20, 2010, we advised appellant that he had 30 days within which to personally submit any contentions or issues that he wished us to consider.   No response has been received to date.

The record shows that appellant's judgment of conviction became final on September 28, 2009.   The record contains no indication that appellant appealed his conviction or sentence.   On July 13, 2010, appellant filed a motion requesting the trial court to grant him the increased good time/work time credits allowable under the amendment to Penal Code section 4019.   On July 19, 2010, appellant filed an amended motion containing the same request.   The court that considered appellant's motion ruled that appellant's case was final prior to the effective date (January 25, 2010) of the amendments to Penal Code section 4019.

We have examined the entire record and are satisfied that appellant's attorneys have fully complied with their responsibilities and that no arguable issues exist.  (People v. Wende (1979) 25 Cal.3d 436, 441.)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

FOOTNOTES

FOOTNOTE.  

THE COURT: * FN*.BOREN, P. J., DOI TODD, J., CHAVEZ, J.