People v. Stowers CA4/1

Filed 11/26/24 P. v. Stowers CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082983

Plaintiff and Respondent,

v. (Super. Ct. No. JCF002957)

KYLE BRANDON STOWERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Imperial County, Christopher J. Plourd, Judge. Affirmed. Michelle T. LiVecchi-Raufi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. Defendant and appellant Kyle Brandon Stowers pleaded no contest in Imperial County Superior Court to one count of possessing contraband

(methamphetamine) in prison (Pen. Code,1 § 4573.6, subd. (a)). The court

1 Undesignated statutory references are to the Penal Code.

dismissed other counts and enhancement allegations,2 warning Stowers that if he violated his terms of probation, he could be remanded back into custody and also sentenced up to the maximum penalty of four years in prison. In keeping with Stowers’s plea agreement, the court sentenced him to a four- year upper term, suspended the sentence, and placed him on two years formal probation. Thereafter, the court revoked Stowers’s probation. It imposed the previously-suspended four-year upper term sentence, awarded 481 total days of credit, and ordered Stowers to pay a parole revocation fine pursuant to section 1202.45, staying the order unless parole is revoked. Stowers’s appointed appellate counsel has filed a brief raising no arguable issues pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). We invited Stowers to file a supplemental brief on his own behalf, but he did not do so. Our independent review confirms there are no arguable issues on appeal. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In November 2022, while Stowers was on probation for his Imperial County plea, Fresno Police Department detectives patrolling an area where there had been an earlier shooting encountered him in the backseat of a parked vehicle. Stowers appeared to be frantically pushing clothing around. After Stowers exited the vehicle at the detectives’ request, one of the detectives found a loaded semi-automatic handgun in the backseat under the