People v. Dennis CA3

Filed 9/12/24 P. v. Dennis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C100104

Plaintiff and Respondent, (Super. Ct. No. 22F3914)

v.

DAMON ODELL DENNIS,

Defendant and Appellant.

Appointed counsel for defendant Damon Odell Dennis asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant. We affirm. BACKGROUND In November 2022, defendant was charged with being a felon in possession of a firearm (Pen. Code,1 § 29800, subd. (a); count 1), unlawful possession of ammunition

1 Further undesignated statutory references are to the Penal Code.

1

(§ 30305, subd. (a)(1); count 2), possession of an assault weapon (§ 30605, subd. (a); count 3), possession for sale of a controlled substance (Health & Saf. Code, § 11378; count 4), import, sale, or transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a); count 5), child abuse (§ 273a, subd. (a); count 6), manufacturing, importing, keeping for sale, giving, or receiving a large capacity magazine (§ 32310, subd. (a); count 7), criminal storage of a firearm (§ 25100, subd. (c); count 8), driving a motor vehicle upon a highway without a valid driver’s license (Veh. Code, § 12500, subd. (a); count 9), possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a); count 10), driving an unregistered motor vehicle (Veh. Code, § 4000, subd. (a)(1); count 11), and driving without evidence of financial responsibility (Veh. Code, § 16028, subd. (a); count 12). Defendant waived a preliminary hearing. In September 2023, defendant pleaded no contest to being a felon in possession of a firearm (count 1), possession for sale of a controlled substance, methamphetamine (count 4), and criminal storage of a firearm (count 8) in exchange for up to two years eight months in prison or probation with 364 days in county jail and dismissal of the remaining charges as well as dismissal of three other pending misdemeanor criminal matters. The parties stipulated to the police report as the factual basis for defendant’s plea. At the November 2023 sentencing hearing, defense counsel submitted a letter from a treatment program stating defendant was on the wait-list for residential treatment that required 90 days of inpatient treatment followed by 90 days of a sober living program; he was currently engaged in its outpatient program. Defendant testified on his own behalf that he had been addicted to methamphetamine for over 30 years. As a result of the offenses, defendant’s minor son was removed from his care. Defendant had attended parent engagement classes through Child Family Services (CFS) as part of his plan to reunify with his son; he denied being hostile to CFS workers but admitted he was frustrated with his son’s removal. Defendant failed to drug test as CFS required but had