People v. Katsinis CA3

Filed 7/23/24 P. v. Katsinis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Amador) ----

THE PEOPLE, C098700

Plaintiff and Respondent, (Super. Ct. No. 21CR30974)

v.

DANIELLE MARIE KATSINIS,

Defendant and Appellant.

Defendant Danielle Marie Katsinis pled no contest to three counts of arson. Pursuant to the plea agreement, the trial court sentenced defendant to four years four months in prison, including the upper term of three years on the first count. The trial court suspended execution of the sentence and granted defendant probation for two years. When she violated probation, the trial court lifted the stay of execution. On appeal, defendant argues the case should be remanded for resentencing because the upper term is

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not supported by jury findings or defendant’s stipulation as required under Penal Code1 section 1170, as amended by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 731, § 1.3) (Senate Bill 567). Because defendant did not file a timely notice of appeal after her original sentencing in January 2022, we must dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND The information charged defendant with four counts of arson of her own property. According to the probable cause report, defendant was spotted lighting multiple fires behind a store. The fires were extinguished but not before they caused damage to the exterior of the building. Defendant admitted setting the fires and said she was angry and on methamphetamine but claimed she did not intend to set the building on fire. In October 2021, defendant pled no contest to one of the counts and the other charges were to be dismissed. On January 13, 2022, defendant changed her plea and pled no contest to three counts of arson with the remaining count dismissed. Pursuant to the terms of the plea agreement, the trial court granted defendant probation, imposed a four-year four-month prison term (that included the upper term of three years on the first count) but stayed execution of the prison sentence pending defendant’s successful completion of two years of formal probation. As part of the grant of probation, the trial court ordered defendant to complete a rehabilitation program. Defendant left the rehabilitation program the next month. The probation department filed a petition for revocation of defendant’s probation. On May 22, 2023, the trial court found defendant violated probation by (1) failing to complete the rehabilitation program, (2) leaving the state of California without permission, and (3) not informing probation of her whereabouts. The trial court revoked