People v. Colbourn CA3

Filed 2/6/25 P. v. Colbourn CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C100493

Plaintiff and Respondent, (Super. Ct. Nos. 23CF01429, 23CF01436) v.

ORRIN TYLER COLBOURN,

Defendant and Appellant.

Appointed counsel for defendant Orrin Tyler Colbourn 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 (Wende).) Defendant filed a supplemental brief arguing (1) the trial court did not honor his plea agreement, (2) his plea is not supported by the underlying facts, (3) he is entitled to relief under Senate Bill No. 567 (Stats. 2021, ch. 731 (2021-2022 Reg. Sess.)), (4) the trial court erred in imposing fines and assessments without determining his ability to pay, and (5) this court should review his presentence credit. Based on our review of defendant’s contentions and the entire record, we find no arguable error that would result in a disposition more favorable to defendant. We will affirm the judgment.

1

I

In case No. 23CF01429 (the vehicle theft case), defendant took a truck and trailer while the owner was at a carnival. The People charged defendant with driving or taking a vehicle without consent. (Veh. Code, § 10851, subd. (a).) In case No. 23CF01436 (the hit and run case), a person was standing in a parking area next to a boat trailer. Defendant drove into the boat trailer as he left the parking area, pushing the person back several feet. The People charged defendant with assault with a deadly weapon and hit and run driving resulting in death or serious injury. (Pen. Code, § 245, subd. (a)(1); Veh. Code, § 20001, subd. (b)(2).)1 The People further alleged the assault was a serious felony and that defendant personally inflicted great bodily injury upon the victim. (§§ 1192.7, subd. (c), 12022.7, subd. (a).) In the hit and run case, defendant pleaded no contest to hit and run driving resulting in death or serious injury. (Veh. Code, § 20001, subd. (b)(2).) In the vehicle theft case, defendant pleaded no contest to driving or taking a car without consent. (Veh. Code, § 10851, subd. (a).) On a form titled “Factual Basis Stipulation and Waivers (Aggravating and Mitigating Factors),” defendant initialed a box next to the following sentence: “I understand that the court cannot impose a sentence exceeding the middle term unless there are circumstances in aggravation justifying a greater term. I understand that I have the right to a jury trial or court trial where any facts underlying an aggravating circumstance must be proven beyond a reasonable doubt.” Defendant also initialed a box giving up that right and authorizing the trial court to find aggravating factors based on the face of the complaint, the probable cause declaration, and police reports. The trial court found circumstances in aggravation that outweighed circumstances in mitigation. Among other things, it found that defendant’s hit and run involved violence as provided in California Rules of Court, rule 4.421(a). The trial court