People v. Cuellar CA2/4

Filed 3/24/14 P. v. Cuellar CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B248093

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA127905) v.

JUAN MANUEL CUELLAR, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Peter Espinoza, Judge. Modified and affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Robert M. Snyder, Deputy Attorney General, for Plaintiff and Respondent. ______________________________

Juan Manuel Cuellar appeals from the judgment entered after his no contest plea to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On October 21, 2013, we notified appellant that he had 30 days from the date of the notice to raise any grounds of appeal he wished us to consider. We received no response from him. In the Wende brief, appointed counsel advised that he had sent an informal letter to the trial court, raising two potential sentencing errors: regarding the number of custody credits and amount of fines under sections 1202.4 and 1202.45.1 We invited the parties to brief these issues. After considering the parties’ letter briefs, we disagree that the amount of fines needs to be reduced, but we modify the judgment to increase appellant’s credits by one day to 137.