People v. Arnold CA3

Filed 2/25/25 P. v. Arnold CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, C100937

Plaintiff and Respondent, (Super. Ct. Nos. 23CR00868, 23CR001603 & 23CR002674) v.

DOMINIC MACKENZIE ARNOLD,

Defendant and Appellant.

Defendant Dominic Mackenzie Arnold entered into two separate plea agreements related to three different cases. He contends the trial court erred in failing to dismiss certain counts in accordance with his plea agreements. The People concede the issue. The People also point out that the abstract of judgment and minute order dated April 15, 2024, should be corrected to reflect the oral pronouncement of judgment. We agree on both points. We will modify the judgment by dismissing the remaining counts. We further direct the trial court to correct the abstract of judgment and minute order dated

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April 15, 2024, to reflect the oral pronouncement of judgment. As modified, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND As the underlying facts of the charged crimes have no bearing on the issues presented on appeal, we do not recite them here. In April 2023, a complaint charged defendant with possession of ammunition by a felon (Pen. Code, § 30305, subd. (a)(1); count I)1 (the ammunition case). In July 2023, a complaint charged defendant with felony domestic violence (§ 273.5, subd. (a); count I), misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count II), and misdemeanor child abuse (§ 273a, subd. (b); count III) (the domestic violence case). In August 2023, defendant entered into a plea agreement to resolve both the ammunition and the domestic violence case. Defendant agreed to plead no contest to the possession of ammunition and domestic violence counts. In exchange, the trial court would place defendant on probation for four years in both cases; order defendant to serve 135 days in jail on each case, to run consecutively; and dismiss all remaining counts. During the oral pronouncement of judgment, the court did not dismiss the two remaining counts in the domestic violence case. However, the minute order and abstract of judgment indicate that the court dismissed both counts from the domestic violence case. In December 2023, a complaint charged defendant with possession of a fraudulent registration card, license, temporary license, or license plate (Veh. Code, § 4463, subd. (a)(1); count I) and resisting a peace officer (§ 148, subd. (a)(1); count II) (the fraud case). Defendant agreed to plead guilty to possession of a fraudulent registration and admit he violated probation in both the ammunition and the domestic violence cases. In exchange, the trial court would dismiss the remaining counts and defendant’s sentence