Opinion
H043604
05-18-2017
THE PEOPLE, Plaintiff and Respondent, v. JOSHUA DREW LARSON, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (San Benito County Super. Ct. No. CR-15-01586)
Defendant appeals from an order revoking and reinstating supervised release following a no contest plea. Appointed counsel filed an opening brief summarizing the case but raising no issues. We notified defendant of his right to submit written argument on his own behalf. Defendant has not done so.
Pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record and find no arguable issue on appeal. Following the California Supreme Court's direction in Kelly, we provide "a brief description of the facts and procedural history of the case, the crimes of which the defendant was convicted, and the punishment imposed." (Id. at p. 110.)
Defendant was charged with stalking (Pen. Code, § 646.9, subd. (a); count 1 (a felony)), making criminal threats (Pen. Code, § 422, subd. (a); counts 2, 4, 5, 8 (a felony)), dissuading a witness (Pen. Code, § 136.1, subd. (b)(2); count 3 (a felony)), vandalism causing over $400 damage (Pen. Code, § 594, subds. (a), (b)(1); counts 6, 7 (a felony)), vandalism with damage under $400 (Pen. Code, § 594, subds. (a), (b)(2)(A); count 15 (a misdemeanor)), annoying telephone calls (Pen. Code, § 653m, subd. (b); count 9 (a misdemeanor)), Pen. Code, § 653m, subd. (a); counts 10, 11, 13, 16 (a misdemeanor)), disobeying a court order Pen. Code, § 166, subd. (a)(4); counts 12, 14 (a misdemeanor)), and battery (Pen. Code, § 243, subd. (e)(1); count 17 (a misdemeanor)). The complaint alleged that defendant had committed counts 1 through 7 while released on bail or on his own recognizance in an unrelated criminal case. (Pen. Code, § 12022.1.) The alleged offenses occurred between March and September 2015, and they involved defendant's ex-girlfriend and a landlord who continued to rent to the ex-girlfriend after she ended the relationship and asked defendant to move out. According to the police report, on April 12, 2015 at about 10:30 p.m. neighbors alerted the ex-girlfriend that the tires on her SUV had been slashed. Three of the tires had on the vehicle been punctured, profanity was observed on the front passenger door, and the rear license plate was missing. The ex-girlfriend and neighbors suspected defendant had vandalized the vehicle.
Defendant pleaded no contest to count 7—felony vandalism of the ex-girlfriend's vehicle—and entered a Harvey waiver as to count 6, which involved similar vandalism to the landlord's truck. (People v. Harvey (1979) 25 Cal.3d 754.) The trial court denied probation and sentenced defendant to the upper term of three years in county jail with 309 days pre-sentence custody credit. The court suspended the remaining 786 days subject to custodial release supervised by the probation department. Criminal protective orders were entered prohibiting defendant from contacting either victim. The court imposed fines and fees, and ordered restitution to both victims. The remaining counts were dismissed.
Less than two months after the sentencing hearing, the probation department filed a petition reporting that defendant had violated the conditions of his mandatory supervision by contacting the ex-girlfriend. Defendant admitted the violation. Mandatory supervision was revoked and reinstated with an additional 120 days to be served in county jail. Defendant has appealed that dispositional order. His request for a probable cause certificate, raising due process, ineffective assistance of counsel, and Proposition 47 eligibility issues, was granted.
Appellate counsel wrote the trial court requesting correction of an unauthorized penalty assessment and fees, as provided by Penal Code section 1237.2. After a hearing, the trial court vacated a $4 EMS air transit fee, a $6.66 state automation fee, and a $23.15 penalty assessment. After a second hearing, the court vacated a $150 pre-sentence investigation fee and a monthly $30 probation supervision fee under Penal Code section 1203.1b. We have identified no arguable issues for resolution by this court.
DISPOSITION
The April 21, 2016 order is affirmed.
/s/_________
Grover, J.
WE CONCUR:
/s/_________
Rushing, P. J. /s/_________
Premo, J.