Opinion
A153031
07-26-2018
THE PEOPLE, Plaintiff and Respondent, v. NATHAN AARON RUPTAK, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Humboldt County Super. Ct. Nos. CR1702102, CR1703329, CR1703330, CR1704098)
Defendant Nathan Aaron Ruptak appeals from a judgment entered pursuant to a negotiated disposition in four criminal cases, sentencing him to five years four months in prison. His attorney has submitted a brief in accordance with People v. Wende (1979) 25 Cal.3d 436 and has advised defendant of his right to submit a supplemental brief, which he has not done. Based on our independent review of the record on appeal, we conclude that there is no arguable issue warranting further briefing.
On May 15, 2017, defendant was charged in case No. CR1702102 with felony possession of marijuana for sale in violation of Health and Safety Code section 11359, subdivision (c)(2).
On August 9, 2017, defendant was charged in case No. CR1703329 with felonious evasion (Veh. Code, § 2800.2, subd. (a)), possession of a firearm by an ex-felon (Pen. Code, § 29800, subd. (a)(1)), possession of marijuana for sale (Health & Saf. Code, § 11359, subd. (c)(2)), failure to appear while on bail (§ 1320.5) and misdemeanor resisting arrest (§ 148, subd. (a)(1)). The complaint also alleged various enhancement allegations.
All further statutory references are to the Penal Code unless otherwise noted.
Also on August 9, defendant was charged in case No. CR1703330 with felony grand theft of crops (marijuana) (§ 487, subd. (b)(1)(A)) and second degree burglary (§ 459).
On September 26, 2017, defendant entered guilty pleas as specified below pursuant to a negotiated disposition. The following factual basis for the pleas was offered: In case No. CR1702102, defendant was stopped by police and found to possess seven pounds of marijuana separately packaged. In case No. CR1703329, sheriffs attempted to stop defendant's vehicle, resulting in a vehicle chase at high speeds. In case No. CR1703330, defendant was observed on a camera to enter and exit a greenhouse taking $11,000 worth of cannabis plants. Defendant acknowledged the truth of the proffer.
In case No. CR1702102, defendant pled guilty to misdemeanor possession of marijuana for sale. In case No. CR1703329, defendant pled guilty to one felony count of evasion of arrest and one count of misdemeanor possession of marijuana for sale and admitted the allegation that he had previously been convicted of a felony resulting in imprisonment under section 667.5, subdivision (b). In case No. CR1703330, defendant pled guilty to grand theft. The court found defendant's pleas to be knowing and intelligent. Under the terms of the agreement, defendant agreed to a four-year prison term in case No. CR1703329, a concurrent three-year term in case No. CR1703330 and credit for time served in case No. CR1702102. However, sentence was not immediately imposed and defendant was granted a 72-hour release subject to a Cruz waiver, under which defendant agreed that the court could impose up to an additional 24 months in prison if he failed to comply with the terms of his release.
People v. Cruz (1988) 44 Cal.3d 1247, 1249. --------
On October 5, 2017, defendant was charged in case No. CR1704098 with bringing a controlled substance (marijuana) into a correctional facility in violation of section 4573.5. On October 12, defendant pled guilty to this charge. The People proffered as a factual basis that defendant admitted that upon entry to a correctional facility he possessed a "plug" of marijuana. An additional search of his cell located a second "plug," each weighing 19.5 and 16.8 grams respectively. The court found defendant's plea to be knowing and intelligent. Defendant agreed that the new offense violated the conditions of his Cruz waiver.
On October 12, defendant was sentenced on the four cases. In case No. CR1702102, defendant was sentenced to a term of 64 days with credit for 64 days. In case No. CR1703329, the court imposed the upper term of three years for evasion of arrest and a one-year enhancement for his prior prison term. In case No. CR1703330, a consecutive term of eight months (one-third the midterm) was imposed for grand theft. In case No. CR1704098, a consecutive term of eight months (one-third the midterm) was imposed for bringing marijuana into the correctional facility. In summary, defendant was sentenced to an aggregate term of five years four months in prison.
Defendant timely filed a notice of appeal from the October 12 judgment.
Defendant was sentenced in conformity with the agreements that the record reflects he knowingly and voluntarily entered. He was adequately represented by counsel throughout the proceedings. There is no reason for additional briefing.
Disposition
The judgment is affirmed.
Pollak, Acting P.J. We concur: Siggins, J.
Jenkins, J.