People v. Temple CA3

Filed 11/7/24 P. v. Temple CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C100645

Plaintiff and Respondent, (Super. Ct. No. STK-CR-FE- 2023-0007315) v.

JOSHUA FRANKLIN TEMPLE,

Defendant and Appellant.

Appointed counsel for defendant Joshua Franklin Temple asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

I The factual background is based on the testimony at the preliminary hearing, to which the parties stipulated as the factual basis for defendant’s plea. On July 9, 2023, Stockton Police Officer Eddie Diaz was dispatched in the early morning hours to a marina in Stockton where it was reported that a person had started a fire on a ship. Officer Diaz observed that the exterior door of the ship sustained fire damage, the interior of the ship was filled with smoke, tablecloths had burn holes in them, and burned sticks were arranged like a campfire in the galley. Officers searched the ship and located defendant in a bathroom with the door tied closed. Officer Diaz could hear a lighter being flicked. Officer Eric Hutton was dispatched with his patrol dog to assist in removing defendant from the bathroom. Officers forced the door open, and the dog was sent in. Defendant grabbed the dog’s leash, dragged him, and choked him with his collar. Three officers followed and physically restrained defendant. A resident of a nearby boat reported seeing defendant trying to light a fire and then walking onto the ship. In July 2023, defendant was charged with arson (Pen. Code, § 451, subd. (d); count 1),1 with allegations that he suffered prior strike convictions for carjacking (§ 215) in 2017 and assault with a deadly weapon (§ 245, subd. (a)(1)) in 2022 within the meaning of the three strikes law (§§ 667, subd. (d), 1170.12, subd. (b)), misdemeanor resisting arrest (§ 148, subd. (a)(1); count 2), and obstruction of a police dog (§ 600, subd. (b); count 3). In October 2023, an information alleged the same charges of arson with prior strike convictions and added aggravating circumstances allegations that defendant sustained prior convictions that were numerous or of increasing seriousness (Cal. Rules