People v. Montalvo CA4/1

Filed 3/18/14 P. v. Montalvo CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D064314

Plaintiff and Respondent,

v. (Super. Ct. No. SCD245566)

ARDEN AGUILERA MONTALVO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Jeffrey F.

Fraser, Judge. Affirmed.

Steve J. Carroll, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for the Plaintiff and Respondent.

INTRODUCTION

Arden Aguilera Montalvo pleaded guilty to assault with force likely to produce

great bodily injury (Pen. Code, § 245, subd. (a)(4)). The court sentenced him to a

negotiated term of two years in prison. The court awarded him 81 days of presentence

custody credit, consisting of 41 days of actual custody credit and 40 days of conduct

credit.

Montalvo appeals. His appointed appellate counsel filed a brief requesting we

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