People v. Hampy CA3

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. (People v. Wende (1979) 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, and we received no communication from defendant. Our review of the record shows that defendant is entitled to additional presentence credit. Defendant was taken into custody on the day of the offense, August 30, 2013, and released on pretrial supervised release on September 5, 2013. The probation report recommended, and the trial court awarded, six days’ custody credit and six days’ conduct credit. However, she is entitled to credit for two days in August and five days in

2 Because the matter was resolved by plea, our statement of facts is taken from the probation officer’s report. Baiz was a codefendant in the trial court. She is not a party to this appeal.

2 September. We will modify the judgment to award seven days’ custody credit and…