The People v. Barajas CA3

BACKGROUND

On May 19, 2011, defendant unlawfully entered a commercial building occupied by Big Valley Mill and Bieber Power Plant with the intent to commit larceny.

1 Defendant pleaded guilty to second degree burglary (Pen. Code, § 459)1 and admitted a prior strike (§ 667, subds. (b)-(i)). He was sentenced on May 29, 2012. The trial court imposed the stipulated term of two years eight months in state prison, imposed various fines and fees, and awarded 189 days of presentence conduct credit (127 actual and 62 conduct). On December 14, 2012, defendant filed a pro per motion to correct the award of presentence credits to 127 days of conduct credits. The trial court denied the motion, which denial is the subject of defendant’s pro per notice of appeal.2

DISCUSSION

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. (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 of the opening brief. More than 30 days elapsed,…