People v. Xaychareun CA5

Filed 6/15/22 P. v. Xaychareun CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F083463 Plaintiff and Respondent, (Fresno Super. Ct. No. F20903535) v.

BOUNLEUY XAYCHAREUN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Monica R. Diaz, Judge. Erica Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- Appointed counsel for defendant Bounleuy Xaychareun asked this court to review the record to determine whether there are any arguable issues on appeal. (People v.

* Before Poochigian, Acting P. J., Peña, J. and Snauffer, J.

Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant responded, contending the trial court awarded him insufficient credits. Finding no arguable errors that would result in a disposition more favorable to defendant, we affirm. BACKGROUND On or about June 3, 2020, defendant committed acts of domestic violence against the victim. On June 8, 2020, the trial court issued a criminal protection order against defendant. On November 12, 2020, the Fresno County District Attorney filed a first amended complaint charging defendant with kidnapping (Pen. Code, § 207, subd. (a);1 count 1), assault by means likely to produce great bodily injury (§ 245, subd. (a)(4); count 2), false imprisonment by violence (§ 236; count 3) and dissuading a witness from prosecuting a crime (§ 136.1, subd. (b)(2)). On November 19, 2020, defendant pled no contest to count 1, in exchange for no initial state prison with a 365-day lid and a maximum of eight years in prison. On January 22, 2021, the trial court suspended imposition of judgment and granted defendant three years’ formal probation with 365 days’ jail time. On April 8, 2021, a probation officer reminded defendant he was required, as terms of his probation, to enroll in the Batterer’s Treatment Program and a substance abuse program by April 22, 2021. The officer provided defendant with referrals to the programs. Defendant made an appointment at the substance abuse program but failed to appear for it. On May 13, 2021, the probation officer again referred defendant to the programs and advised him the deadline to enroll was May 20, 2021. Defendant said he had made an appointment, but the officer discovered he had not.