People v. Singer CA3

Filed 10/11/24 P. v. Singer CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Modoc) ----

THE PEOPLE, C100418

Plaintiff and Respondent, (Super. Ct. Nos. F22050, F23057) v.

RYAN BUCHMAN SINGER,

Defendant and Appellant.

Appointed counsel for defendant Ryan Buchman Singer 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.) After examining the record, we shall correct a clerical error in the judgment and otherwise affirm.

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FACTS AND HISTORY OF THE PROCEEDINGS

A. Firearm Possession Case

In March 2023, defendant was charged in Modoc County case No. F22050 (the firearm possession case) with being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1); count one) (statutory section citations that follow are found in the Penal Code unless otherwise stated); unlawful possession of ammunition by a felon (§ 30305, subd. (a)(1); count two); two counts of being a convicted person having a concealed firearm in a vehicle (§ 25400, subd. (a)(1); count three [revolver] & count four [rifle]); driving while privilege suspended or revoked (Veh. Code, § 14601.1, subd. (a); count five); and unlawfully driving a vehicle upon a highway at a speed greater than 65 miles per hour (Veh. Code, § 22349, subd. (a); count six).

In May 2023, defendant pleaded no contest to count one in exchange for two years in state prison with execution of sentence suspended. Under the terms of the conditional plea agreement, defendant would be placed on formal probation for two years with the initial jail time for the probation to be credit for time served, and the remaining charges would be dismissed at sentencing. The parties stipulated to the preliminary hearing transcript, and police and probation reports as the factual basis for defendant’s plea. The plea form also included the following: “Defendant stopped for speeding. Had firearms in vehicle.” (Capitalization omitted.) Defendant also entered a Cruz1 waiver, which permitted him to travel out of state to attend to family matters and required him to check in with probation upon his release, to report to probation on June 2, 2023, after returning to California, and to appear for sentencing on June 27, 2023. If defendant failed to comply with the terms of the Cruz waiver, he agreed his plea would convert to an “open plea” and that the court could