People v. James CA3

Filed 10/10/24 P. v. James CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C099920

Plaintiff and Respondent, (Super. Ct. Nos. CRF23-01825 & CRF23-01829) v.

NICHOLAS CHRISTOPHER JAMES,

Defendant and Appellant.

Defendant Nicholas Christopher James appeals from a judgment entered after he pleaded no contest to bringing marijuana into a juvenile rehabilitation facility, assaulting a custodial officer, and vandalism. Defendant contends the assault and vandalism counts arose from the same activity and therefore the trial court should have stayed punishment on one of the charges pursuant to Penal Code section 654.1

1 Undesignated statutory references are to the Penal Code.

1

Pursuant to the parties’ plea agreement, we will order a charge dismissed. We will otherwise dismiss defendant’s appeal because he failed to obtain a certificate of probable cause and his appeal challenges the validity of his plea. FACTUAL AND PROCEDURAL BACKGROUND In July 2023, while defendant was in a juvenile rehabilitation facility, marijuana was found in defendant’s sock. Later that month, defendant threatened a correctional officer and kicked a door so hard that it split at the handle. In Yuba County Superior Court case No. CRF23-01825 (case No. 01825), defendant was charged in July 2023 with bringing a controlled substance into a juvenile rehabilitation facility (§ 4573, subd. (a); count I) and possession of marijuana in a juvenile rehabilitation facility (§ 4573.6, subd. (a); count II). That same month, defendant was charged in Yuba County Superior Court case No. CRF23-01829 (case No. 01829) with assault upon a custodial officer (§ 241.1; count I) and felony vandalism (§ 594, subd. (a); count II). In September 2023, defendant pleaded no contest to count II in case No. 01825 and to counts I and II in case No. 01829. The parties agreed that the aggregate prison sentence would be capped at four years four months, or the middle term on each of the three counts, as follows: Three years (the middle term) on count II in case No. 01825 and eight months consecutive (one-third the middle term of two years) on each of counts I and II in case No. 01829. Defendant initialed next to the “mid-term cap” on the plea agreement forms in both cases. In addition, count I in case No. 01825 would be dismissed. There is nothing in the record indicating the trial court subsequently addressed count I in case No. 01825. The November 2023 probation report recommended an aggregate prison sentence of four years four months, with the midterm of three years in case No. 01825 and eight months (one-third the midterm) consecutive for each of the two counts in case No. 01829. The probation report noted, “Consecutive sentencing is appropriate [in case No. 01829]