People v. Davis CA2/3

Filed 8/18/20 P. v. Davis CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B303478

Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA067384 v.

LLOYD CLIFTON DAVIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed. Rachel Varnell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________________

INTRODUCTION

Lloyd Clifton Davis appeals from the trial court’s order denying his request “to correct and or clarify [his] Abstract of Judgment.” Appellate counsel filed a brief raising no issues on appeal and asking us to review the record independently under People v. Wende (1979) 25 Cal.3d 436. After notifying defendant that he had 30 days to submit in writing any issues or arguments he wanted us to consider, defendant did not submit a response. Having reviewed the entire record, we have found no arguable appellate issues. We therefore affirm.

BACKGROUND

In April 2016, defendant pled no contest to inflicting corporal injury on a spouse within seven years of being convicted of the same offense (Pen. Code,1 § 273.5, subd. (f)(1)), a felony, and contempt of court (§ 166, subd. (c)(1)), a misdemeanor. Defendant also admitted four prior prison term enhancements (§ 667.5, subd. (b)) and a prior strike conviction (§§ 667, subd. (b), 1170.12, subd. (a)). The court sentenced defendant to a total of 15 years in state prison, consisting of a five-year term for violation of section 273.5, subdivision (f)(1), doubled to 10 years under the Three Strikes Law, plus four one-year terms for the prior prison term enhancements, plus a one-year term for violation of section 166, subdivision (c)(1), all of which the court ordered to run consecutively. The court awarded defendant 286 days of custody credits—143 days of actual custody credits and 143 days of good time credits—which are reflected in the sentencing minute order and abstract of judgment.