People v. Smith CA3

Filed 12/24/14 P. v. Smith 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C076156

v. (Super. Ct. No. 13F03974)

DEANDRE SMITH,

Defendant and Appellant.

Appointed counsel for defendant Deandre Smith asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error that would result in a disposition more favorable to defendant, but we have identified an error in the award of presentence credit, and we have also identified clerical errors in the abstract of judgment.

1 We will modify the judgment, affirm the judgment as modified, and direct the trial…