Opinion
C084795
02-06-2018
THE PEOPLE, Plaintiff and Respondent, v. ROBERT VERNON MCRORIE, 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. Nos. 15F4557, 15F4627, 15F7999)
This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the orders from which the appeal is taken. We provide a brief description of the facts and procedural history. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On August 6, 2015, in case No. 15F4557, a complaint charged defendant Robert Vernon McRorie with grand theft of a backhoe (Pen. Code, § 487, subd. (a)(1)—count 1), felony vandalism (§ 594, subd. (b)(1)—count 2), and alleged five prior prison terms (§ 667.5, subd. (b)).
Undesignated statutory references are to the Penal Code.
On August 11, 2015, in case No. 15F4627, a complaint charged defendant with unlawful taking or driving of a 1994 Ford pickup (Veh. Code, § 10851, subd. (a)—count 1), receiving a stolen motor vehicle (Pen. Code, § 496d, subd. (a)—count 2), misdemeanor hit-and-run (Veh. Code, § 2002, subd. (a)—count 3), misdemeanor driving on a suspended or revoked license (Veh. Code, § 14601.1, subd. (a)—count 4), and misdemeanor driving on a license suspended or revoked due to a prior conviction for driving under the influence (DUI) (Veh. Code, § 14601.2, subd. (b)—count 5). The complaint also alleged five prior prison terms. (Pen. Code, § 667.5, subd. (b).)
On October 29, 2015, proceedings were suspended due to a doubt about defendant's competency to stand trial. (§ 1368.) The trial court scheduled a hearing for the return of the evaluating psychologist's report on December 17, 2015, subsequently continued to January 21, 2016.
On December 18, 2015, in case No. 15F7999, a complaint charged defendant with unlawful taking or driving of a 1995 Ford (Veh. Code, § 10851, subd. (a)—count 1), receiving a stolen motor vehicle (Pen. Code, § 496d, subd. (a)—count 2), misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)—count 3), and misdemeanor driving on a license suspended due to a prior DUI conviction (Veh. Code, § 14601.2, subd. (b)—count 4). The complaint alleged five prior prison terms (Pen. Code, § 667.5, subd. (b)) and two on-bail or own-recognizance enhancements (Pen. Code, § 12022.1). After arraignment, proceedings in this case were also suspended pending the psychologist's report.
Based on the psychologist's assessment that defendant was incompetent to stand trial, the trial court found him incompetent in all three cases and referred him to the Northern California Conditional Release Program (CONREP). (§ 1370, subd. (a)(2)(A).) CONREP recommended commitment to the Department of State Hospitals (DSH). The trial court committed defendant to DSH on February 11, 2016.
Following a certification and report from Napa State Hospital that defendant had regained competency, the trial court found defendant competent to stand trial in all three cases on May 16, 2016.
On May 26, 2016, defendant entered into a plea bargain encompassing all three cases. He pleaded no contest to felony grand theft of a backhoe in case No. 15F4557 (count 1) and to felony unlawful taking or driving of a Ford pickup in case No. 15F4627 (count 1); case No. 15F7999 was dismissed with a Harvey waiver for restitution purposes. Law enforcement reports, stipulated to provide the factual basis for defendant's pleas, stated as to case No. 15F4267 that on July 4, 2015, defendant, driving a Ford that was determined to be stolen, ran the vehicle off the road, then fled the scene. (The law enforcement report as to case No. 15F4557 is not in the appellate record.)
People v. Harvey (1979) 25 Cal.3d 754.
Defendant also pleaded no contest to misdemeanor counts of vandalism and driving on a suspended license in other cases that are not encompassed in this appeal. --------
The trial court granted defendant three years of informal probation. The court imposed fines and fees including a $300 restitution fine for each felony and a $150 restitution fine for each misdemeanor (§ 1202.4, subd. (b)), matching suspended probation revocation fines (§ 1202.45), a $30 administrative fee, a $40 court assessment fee for each case (§ 1465.8), and a $30 conviction assessment for each case (Gov. Code, § 70373). The court reserved jurisdiction over victim restitution.
Sometime thereafter, defendant was detained. He then filed multiple motions in propria persona, on which the trial court ruled in May 2017, granting some motions and denying others. The court denied motions seeking daily transcripts and transcripts of prior proceedings, two requests for orders finding prior counsel in contempt of court, two requests for a finding of factual innocence of auto theft, two requests for a court order reversing a DUI conviction, a motion alleging ineffective assistance of counsel, and a request for a court order reversing defendant's conviction for grand theft of a backhoe.
Defendant filed a timely notice of appeal from the rulings denying his motions. The trial court denied his request for a certificate of probable cause.
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, 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 have elapsed, and we have 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 orders appealed from are affirmed.
BUTZ, Acting P. J. We concur: HOCH, J. RENNER, J.