Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 06F00234
NICHOLSON, Acting P. J.
“Defendant Larry Robinson was convicted by a jury of one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) and one count of making criminal threats ([Pen. Code, ] § 422). He was sentenced as a three strikes felon to two concurrent state prison terms of 25 years to life, with the possibility of parole, plus a determinate 15-year term on prior felony enhancements.” (People v. Robinson (Dec. 3, 2008, C056330) [nonpub. opn.], fn. omitted.)
Defendant appealed his conviction to this court, and in December 2008, we reversed the trial court’s findings on two of defendant’s prior convictions. (People v. Robinson, supra, C056330.) The case was remanded to the trial court and the People were given the option to retry those strike allegations. (Ibid.) In all other respects, the judgment was affirmed. (Ibid.)
On remand, the People opted not to retry the strike allegations. Defendant, however, filed a Penal Code section 1385 motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and asked the trial court to dismiss his remaining two strikes. The trial court denied defendant’s motion. Consistent with this court’s direction, the trial court then resentenced defendant.
On remand, defendant was sentenced to 25 years to life for his assault with a deadly weapon conviction, plus an additional five years for the prior serious felony. Defendant was further ordered to serve a concurrent term of 25 years to life for his conviction on the charge of making criminal threats, plus five years for the prior serious felony. Defendant was awarded 295 days of custody credit pursuant to Penal Code section 4019, and the court incorporated by reference its prior order for fees and fines.
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) 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.
Pursuant to this court’s miscellaneous order No. 2010-002, filed March 16, 2010, we have deemed defendant to have raised an issue (without additional briefing) of whether amendments to section 4019, effective January 25, 2010, apply retroactively to his pending appeal and entitle him to additional presentence conduct credits. In our recent opinion of People v. Brown (2010) 182 Cal.App.4th 1354, ___ [p. 24], we concluded that the amendments do apply to all appeals pending as of January 25, 2010. However, as defendant was convicted of making criminal threats, a serious felony as provided for in section 1192.7, subdivision (c)(38), the recent amendments to section 4019 do not operate to modify his entitlement to credit. (§§ 2933.1, subd. (a), 4019, subds. (b)(2) and (c)(2); Stats. 2009-2010, 3d Ex. Sess., ch. 28, § 50.)
Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
We concur: RAYE, J., CANTIL-SAKAUYE, J.