People v. Ferguson CA3

Filed 5/13/14 P. v. Ferguson CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C074558

Plaintiff and Respondent, (Super. Ct. Nos. SF119609A, LF012103A, LF012192A, v. LF012888A, LF013370A & LF013414A) PHILLIP RAY FERGUSON,

Defendant and Appellant.

In appeals from judgments in six cases, appointed counsel for defendant Phillip Ray Ferguson 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).) Based on our review of the record, we will reverse the award of presentence credit in case Nos. LF013370A and LF013414A and remand the matters to the trial court with direction to award conduct credit in those cases. We will also direct the trial court to correct a clerical error on the abstract of judgment in case No. LF012888A, so that it indicates a sentence of two years rather than one year four months. Finding no other

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arguable error that would result in a disposition more favorable to defendant, we will affirm the judgments in all other respects. BACKGROUND A Case No. SF119609A (No. 609) was originally filed in San Mateo County and later transferred to San Joaquin County. Because the matter was resolved by plea and defendant waived referral to the probation department, the facts are taken from the plea colloquy. In December 2009, defendant willfully and unlawfully possessed methamphetamine and resisted, delayed, and obstructed Menlo Park police officers who were attempting to discharge their duties. Defendant pleaded no contest to felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a) -- count one) and misdemeanor obstructing a peace officer (Pen. Code, § 148, subd. (a)(1) -- count four). In exchange, the trial court dismissed two related counts, suspended imposition of sentence and placed defendant on probation for three years with various terms and conditions including six months in jail, awarded 61 days of custody credit and 60 days of conduct credit, and ordered defendant to pay a $200 restitution fine (Pen. Code, § 1202.4) plus administrative fee, a $200 probation revocation fine (Pen. Code, § 1202.44), an $80 court security (now operations) fee (Pen. Code, § 1465.8, subd. (a)(1)), and a $60 court facilities assessment (Gov. Code, § 70373). The minutes also reflect a probation supervision fee of $75 per month. B Because case No. LF012103A (No. 103) was resolved by plea and defendant requested immediate sentencing, the facts are taken from the operative pleading. In July 2010, defendant possessed a knife. Defendant pleaded no contest to possession of a deadly weapon. (Former Pen. Code, § 12020, subd. (a), now Pen. Code, § 20200 et seq.) In exchange, the trial court dismissed two related counts, suspended imposition of sentence and placed defendant on probation for five years with various terms and