Filed 10/3/13 P. v. Foley 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication 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, 

Plaintiff and Respondent, 

 v. 

JAMES MICHAEL FOLEY, 

Defendant and Appellant. 

F065508 

(Super. Ct. No. F11902428) 

OPINION

THE COURT* 

 APPEAL from a judgment of the Superior Court of Fresno County. Brant K. 

Bramer, Commissioner. 

 Deborah Prucha, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

 Office of the State Attorney General, Sacramento, California, for Plaintiff and 

Respondent. 

-ooOoo- 

 

* Before Wiseman, Acting P.J., Levy, J. and Franson, J. 
2 

INTRODUCTION 

 On June 21, 2011, appellant, James Michael Foley, waived his constitutional 

rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 

122 and pled no contest to one count of possession of illegal substances in a jail facility 

(Pen. Code, § 4573.6).1 Appellant also admitted a prior serious felony conviction within 

the meaning of the three strikes law (§§ 667, subds. (b)-(i) & 1170.12) and multiple prior 

prison term enhancements (§ 667.5, subd. (b)). 

 On July 22, 2011, the trial court struck the prior serious felony conviction pursuant 

to section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court 

struck the prior prison term enhancements and imposed a sentence of three years for 

possession of illegal substances in a jail facility. The court ordered appellant’s sentence 

to be served concurrently with his sentence for a conviction in an unrelated case. The 

court granted appellant 54 days of custody credits for time served in jail and conduct 

credits of 26 days for total custody credits of 80 days. The court imposed a $200 

restitution fine. 

 On June 4, 2012, appellant filed a motion in the trial court requesting a 

recalculation of his presentence custody credits seeking additional conduct credits. The 

trial court denied appellant’s motion on June 27, 2012. Appellant appealed the trial 

court’s denial of his motion. Appellate counsel has filed a brief for independent review 

of the case by this court pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). 

APPELLATE COURT REVIEW 

 Appellant’s appointed appellate counsel has filed an opening brief that 

summarizes the pertinent facts, raises no issues, and requests this court to review the 

record independently. (Wende, supra, 25 Cal.3d 436.) The opening brief also includes 

 

1 All statutory references are to the Penal Code. 
3 

the declaration of appellate counsel indicating that appellant was advised he could file his 

own brief with this court. By letter on October 29, 2012, we invited appellant to submit 

additional briefing. To date, he has not done so. 

 After independent review of the record, we have concluded there are no 

reasonably arguable legal or factual issues. 

DISPOSITION 

The judgment is affirmed.