Opinion
C085777
09-24-2018
THE PEOPLE, Plaintiff and Respondent, v. TRENTON CAMERON CONANT, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 15F01718)
This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
On April 9, 2015, in case No. 15F1718 (case No. 1718), a complaint was filed charging defendant Trenton Cameron Conant with possession of heroin while armed with a loaded, operable firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1); possession of heroin for sale (Health & Saf. Code, § 11351; count 2); sale or transportation of heroin (Health & Saf. Code, § 11352, subd. (a); count 3); possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 4); possession of an injecting or smoking device (Health & Saf. Code, § 11364.1; count 5); and driving with a suspended or revoked license (Veh. Code, § 14601.1, subd. (a); count 6).
On September 9, 2015, in case No. 15F5521 (case No. 5521), a complaint was filed charging defendant with false personation (Pen. Code, § 529; count 1 [further undesignated statutory references are to the Penal Code]); resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1); count 2); possession of an injecting or smoking device (Health & Saf. Code, § 11364, subd. (a); count 3); and driving with a suspended or revoked license (Veh. Code, § 14601.1, subd. (a); count 4). The complaint alleged that defendant committed the offense charged in count 1 while on bail or own recognizance (OR) release in cases Nos. 15F3101 and 1718 (§ 12022.1).
On September 17, 2015, defendant pleaded no contest to false personation and admitted the on bail enhancement in case No. 5521, and to possession of heroin while armed and possession of heroin for sale in case No. 1718, in return for the dismissal of the remaining charges in both cases and an agreed disposition of 180 days in jail on initial sentencing, with defendant to be released immediately and to serve the remainder of his sentence in the adult work program. Defendant's maximum exposure under the plea agreement was seven years eight months of incarceration or five years of probation.
According to the stipulated factual basis for the plea found in the police reports on the two cases, a traffic stop of a vehicle driven by defendant on March 7, 2015, resulted in a search which discovered a baggie containing 0.5 gram of heroin and $700 on defendant's person, a handgun under the front seat, a digital gram scale, packaging material, and drug paraphernalia. (Case No. 1718.) On August 21, 2015, a traffic stop on a vehicle with expired tags driven by defendant led to the issuance of a citation to defendant, who identified himself falsely as S.M. On September 2, 2015, the real S.M. contacted law enforcement to say that the citation should have been issued to his cousin (defendant). The investigating officer identified defendant as the driver from a photograph and found that he had two outstanding felony warrants. (Case No. 5521.)
On October 27, 2015, in case No. 15F6767 (case No. 6767), a complaint was filed charging defendant with possession of methamphetamine for sale (Health & Saf. Code, § 11378; count 1) and sale or transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a); count 2); the complaint alleged that defendant committed the offenses while on bail or OR release. On December 4, 2015, the complaint was superseded by an information.
On January 11, 2016, in case No. 6767, defendant pleaded no contest to sale or transportation of methamphetamine and admitted the two on bail enhancements, in return for a disposition of felony probation as to this case and the other cases currently pending sentencing, an order to complete residential drug treatment as a condition of probation, and an order that defendant was to be released directly to treatment as soon as a bed became available. Defendant's maximum exposure was 12 years eight months of incarceration or five years on probation.
According to the probation report as to case No. 6767, a traffic stop conducted on October 9, 2015, of a vehicle in which defendant was a passenger led to a search that discovered 6.8 grams of methamphetamine, plastic baggies, a digital scale, and drug paraphernalia. Defendant admitted ownership of the items found and the sale of methamphetamine. He was on his own recognizance at the time.
On February 9, 2016, the trial court suspended imposition of sentence and placed defendant on five years' formal probation, including 217 days in jail with credit for 216 days served, ordered his release the next day to the probation department and his transfer to a one-year residential drug treatment program. The court also imposed conditions of probation which included the completion of the residential treatment program (or, if he should leave the program, to report immediately to the probation officer); a $1,200 restitution fine (§ 1202.4, subd. (b)); a stayed probation revocation restitution fine in the same amount (§ 1202.44); a $195 criminal laboratory analysis fee as to case No. 1718 (consisting of $50 under Health & Saf. Code, § 11372.5, plus penalty assessments); the same amount for the same purpose as to case No. 6767, computed in the same manner; a $160 court operations assessment (§ 1465.8); a $120 criminal conviction assessment (Gov. Code, § 70373); and $668 in victim restitution in a dismissed case which is not part of this appeal. Defendant was also ordered to pay "according to his financial ability" (not as a condition of probation) the cost of probation services, not to exceed $75 per month; a $151 booking fee; and a $250 fee to the probation department for preparation of the presentence investigation report.
On July 14, 2016, the trial court learned that defendant had left the residential treatment program.
On September 19, 2016, the probation department filed a petition for revocation of probation in all three pending cases, alleging failure to complete treatment.
On September 28, 2016, defendant admitted the violation. The trial court revoked probation and reinstated it with the same terms and conditions, plus 180 days in custody.
On October 24, 2016, the probation department filed a second petition for revocation of probation, alleging a new offense in case No. 16F6915 (possession of heroin on October 20, 2016) and failure to report to probation when released from custody on September 30, 2016.
On February 17, 2017, defendant admitted the violations in return for a dismissal of the charge in case No. 16F6915 and an aggregate state prison sentence of 10 years eight months in the three other pending cases, with execution of sentence stayed for several weeks. The factual basis for the admitted violations was that on October 20, 2016, defendant possessed heroin found inside his shorts, and that he failed to report to probation on release from custody on September 30, 2016.
On April 7, 2017, a complaint filed in case No. 17F1960 charged defendant with four counts of failure to appear on a felony charge, each charge alleging a different date (§ 1320, subd. (b); counts 1-4).
After an unsuccessful attempt to withdraw his February 17, 2017, admission of probation violations, on August 7, 2017, defendant pleaded no contest to count 1 in case No. 17F1960.
On September 19, 2017, the trial court sentenced defendant to an aggregate state prison sentence of 11 years four months in the four pending cases, consisting of four years (the upper term) for possession of a controlled substance with a firearm in case No. 1718); one year consecutive (one-third the midterm) for possession for sale of a controlled substance in case No. 1718; one year consecutive (one-third the midterm) for transportation of a controlled substance in case No. 6767; eight months consecutive (one-third the midterm) for false personation in case No. 5521; eight months consecutive (one-third the midterm) for felony failure to appear in case No. 17F1960; and four years consecutive for the two OR enhancements in case No. 6767. The court awarded defendant 709 days of presentence custody credit (355 actual days and 354 conduct days). As to case No. 1718, the court imposed a $600 restitution fine (§ 1202.4, subd. (b)) and a $600 restitution fine pursuant to section 1202.44, probation having been revoked, plus a suspended parole revocation restitution fine in the same amount; as to case Nos. 6767 and 5521, the court imposed the same fines in the amount of $300; as to case No. 17F1960, the court imposed the same fines in the same amount (but not the fine pursuant to § 1202.44, since defendant had not been on probation in that case). The court imposed a $200 court security assessment (§ 1465.8) and a $150 criminal conviction assessment (Gov. Code, § 70373). The court renewed the order of $668 in victim restitution originally imposed as a condition of probation. The court permanently stayed "[a]ll previously imposed 780 dollar 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. (Wende, supra, 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. 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.
HULL, Acting P. J. We concur: BUTZ, J. MURRAY, J.