People v. Donnell CA4/1

INTRODUCTION

In separate cases, Erica Lynn Donnell (aka Erica Lynn Bruce) pled guilty to one

felony count of forcibly resisting a police officer (Pen. Code, § 69)1 and one

1 All further statutory references are to the Penal Code. misdemeanor count of resisting a police officer (§ 148, subd. (a)(1)). After admitting she

violated probation in both cases by failing to appear in court as required, the court

imposed the two-year middle term to be served in local prison for the felony case (case

No. SCD235326). Against the sentence, the court awarded Donnell 433 days of

presentence custody credit consisting of 319 days actual custody credit and 114 days of

conduct credit. The court subsequently modified the judgment to award a total of 550

days of presentence custody credit after adding 117 days of conduct credit. The court

terminated probation in the misdemeanor case (case No. SCD245608) and released her

from custody in that case alone based on time served.

Donnell appeals. Her appointed appellate counsel filed a brief requesting we

independently review the record for error. (See People v. Wende (1979) 25 Cal.3d 436,

441-442.) Having done so and having identified…