People v. Ashley CA5

Filed 3/24/25 P. v. Ashley CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087890 Plaintiff and Respondent, (Super. Ct. No. DF017464A) v.

EDDIE ASHLEY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael Caves, Judge. Ross Thomas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Franson, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

INTRODUCTION Appellant and defendant Eddie Ashley (appellant) was serving time for an attempted murder conviction when he pleaded no contest to possession of marijuana in prison. The trial court initially denied his motion for presentence credits in the possession case, but subsequently granted his motion based on documents that showed his parole date for the attempted murder conviction had been recalculated to have occurred before he was found in possession of marijuana. Thereafter, the Department of Corrections and Rehabilitation (CDCR) advised the court that appellant was still serving the felony sentence at the time of the possession offense, and the court amended the abstract of judgment to remove the custody credits. On appeal, appellate counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436.) Appellant did not file a supplemental brief on his own behalf. We affirm. PROCEDURAL BACKGROUND Los Angeles County Convictions On February 4, 2010, appellant pleaded guilty in the Superior Court of Los Angeles County to attempted murder (Pen. Code,1 §§ 664/187, subd. (a)) and assault with a semiautomatic firearm (§ 245, subd. (b)), and admitted gang (§ 186.22, subd. (b)(1)(C)) and great bodily injury enhancements (§ 12022.7 subd. (a)). He was sentenced to an aggregate term of 24 years based on the upper term of nine years for attempted murder, plus 10 years for the gang enhancement and three years for the great bodily injury enhancement; and a consecutive term of two years for assault (one-third the midterm).