People v. Shaver CA3

Filed 8/28/24 P. v. Shaver CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C097986

Plaintiff and Respondent, (Super. Ct. No. 22CR-002616)

v.

CHASE ANDREW SHAVER,

Defendant and Appellant.

Defendant Chase Andrew Shaver pled guilty to three felonies and admitted a prior strike conviction. The trial court sentenced him to an aggregate term of seven years four months in state prison, including the upper term doubled on his conviction for being a felon in possession of a firearm and a consecutive term for unlawful possession of ammunition. On appeal, Shaver contends the trial court violated the dual use prohibition by relying on the same two aggravating circumstances to impose consecutive terms as

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well as the upper term. Shaver also contends the trial court abused its discretion in imposing the upper term based on the circumstances presented. We shall affirm the judgment. BACKGROUND In January 2023, Shaver pled guilty to being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1); count I),1 unlawful possession of ammunition (§ 30305, subd. (a)(1); count II), and possession of a short-barreled shotgun (§ 33215; count III). Shaver also admitted to a prior strike conviction. In exchange for his plea, the People agreed not to pursue “dissuading-type charges” against Shaver and his family members. This was an open plea, and the parties agreed the maximum term available was seven years four months. In its presentencing report, the Probation Department (the Department) noted that “[g]iven [Shaver’s] youthful age, he has an extensive juvenile and adult criminal record.” Shaver’s criminal history includes a sustained wardship petition for obstructing a public officer in 2012, and another one for possessing a firearm at a public school in 2013. As an adult, Shaver was convicted of selling marijuana (Health & Saf. Code, § 11360, subd. (a)) in 2015 and sentenced to three years in state prison. Concurrent to that term, Shaver was sentenced to two years for first degree residential burglary. (§ 459.) Shaver was convicted of a separate first degree residential burglary (§ 459) in 2015 and sentenced to six years in state prison. In 2021, Shaver was sentenced to another two years in state prison for recklessly evading a peace officer. (Veh. Code, § 2800.2.) That conviction resulted in a parole violation for which Shaver served a concurrent 180-day term in prison. Shaver was later released on postrelease community supervision (PRCS) but violated that as well and was