People v. White CA3

Filed 4/8/16 P. v. White CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Lassen) ----

THE PEOPLE, C077288

Plaintiff and Respondent, (Super. Ct. No. CR030513)

v.

DANIEL WOOD WHITE,

Defendant and Appellant.

Appointed counsel for defendant Daniel Wood White has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal.1 (People v. Wende (1979) 25 Cal.3d 436.) We requested supplemental briefing from the parties on the propriety of correcting

1 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.

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the award of custody credits. We find the error in the award of custody credits requires modification of the judgment and shall affirm the judgment as modified. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On October 27, 2012, Warden Nicholas Buckler, a peace officer for the Department of Fish and Wildlife, made contact with defendant for the purpose of inspecting defendant’s bow. While in the outbuilding inspecting the bow, Buckler noticed a loaded single-shot, .410-shotgun hanging on the wall. Defendant admitted that he was a convicted felon who is not permitted to possess a firearm, and also admitted that there were other guns in a locked shed on the property. Defendant was charged in Lassen County Superior Court case No. CR030513 with illegal possession of a firearm by a convicted felon. (Pen. Code, § 29800.)2 It was further alleged that at the time defendant committed the offense, he was released from custody on bail or his own recognizance. (§ 12022.1.) It was also alleged that defendant had served two prior prison terms within the meaning of section 667.5, subdivision (b). Trial was set for August 19, 2013. On July 30, 2013, the public defender’s office was relieved and retained counsel Jordan Funk was to file a substitution of attorney. On August 27, 2013, defendant informed the court that he would be retaining new counsel. On November 5, 2013, the court appointed new counsel for defendant. Trial commenced on February 20, 2014. Defendant agreed that the jury be read a stipulation that he had a prior felony conviction. It was also stipulated that he was on bail at the time the present offense was committed. The jury found defendant guilty of illegal