People v. Carnes CA3

Filed 10/28/24 P. v. Carnes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Siskiyou) ----

THE PEOPLE, C100337

Plaintiff and Respondent, (Super. Ct. Nos. SCCR-CRF- 2022-349, SCCR-CRF-2022- v. 784 & SCCR-CRF-2022-1416)

CHRISTOPHER KEITH CARNES,

Defendant and Appellant.

Defendant Christopher Keith Carnes appeals from a postconviction order. Appointed counsel for defendant asked this court to independently review the record, pursuant to People v. Wende (1979) 25 Cal.3d 436, to determine whether there are any arguable issues on appeal. We have exercised our discretion to conduct such a review and will affirm the trial court’s order. (See, e.g., People v. Delgadillo (2022) 14 Cal.5th 216, 231-232.)

1

BACKGROUND On November 29, 2022, defendant entered into a negotiated plea agreement to resolve three pending Siskiyou County Superior Court cases: case No. SCCR-CRF- 2022-349 (case No. 349), case No. SCCR-CRF-2022-784 (case No. 784), and case No. SCCR-CRF-2022-1416 (case No. 416). In case No. 349, he pleaded no contest to one count of felony vehicle theft and one count of misdemeanor vehicle theft (Veh. Code, § 10851, subd. (a)). In case No. 784, he pleaded no contest to possessing a dirk or dagger (Pen. Code, § 21310)1 and misdemeanor trespassing (§ 602.1, subd. (a)). In case No. 416, defendant pleaded no contest to two counts of arson of property (§ 451, subd. (d)) and admitted being out on bail (§ 12022.1) when he committed the offenses. Defendant also admitted the aggravating factors alleged in case No. 416. In exchange for defendant’s plea, the balance of the three complaints were dismissed and the People agreed defendant would serve a stipulated term of five years in state prison. On January 10, 2023, the trial court sentenced defendant to five years in state prison in accordance with his plea agreement: (1) the upper term of three years for arson; (2) a consecutive eight-month term for arson, stayed under section 654; (3) a consecutive eight-month term for carrying a dirk or dagger; and (4) another consecutive eight-month term for felony vehicle theft. The court sentenced defendant to concurrent terms for his misdemeanor convictions, ordered him to pay various fines and fees, and awarded defendant a total of 173 days of custody credit. Defendant did not appeal from the judgment; however, on November 22, 2023, he filed a petition for resentencing in the trial court “[p]ursuant [to] All Applicable Sections of Penal Code § 1170, § 1171, § 1172, and Assembly Bill 1540 (2021)” in all three cases. Defendant also filed a request to waive court fees using Judicial Council form FW-001.