People v. Horton CA3

Filed 3/13/25 P. v. Horton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C101381

Plaintiff and Respondent, (Super. Ct. Nos. 23CF04747, 23CF04748, 23CF04051, v. 23CM04749, 24CF00208)

JESSE SAMUEL HORTON,

Defendant and Appellant.

Appointed counsel for defendant Jesse Samuel Horton filed an opening brief that sets forth the facts of these cases and asks 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 errors that would result in a disposition more favorable to defendant, we will affirm the judgment.

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I. BACKGROUND On August 2, 2023, a police officer performed a registration check on defendant’s vehicle and found that the registration was expired. While speaking with defendant in the stopped vehicle, the officer observed signs of drug intoxication. Defendant performed unsatisfactorily on his field sobriety tests and was arrested. On October 1, 2023, a victim reported that his vehicle had its windows broken and one of its tires slashed. A bike and a scooter were taken from the vehicle. The following day, an officer found defendant in possession of the stolen bike. Defendant admitted to stealing the bike and scooter and further admitted that he had assisted in numerous other burglaries as part of a theft ring. That same day, a different victim who had had items stolen from his vehicle identified defendant as the culprit. The People charged defendant in four separate cases. In case no. 23CF04051 and case no. 23CF04747, the People charged defendant with second degree vehicular burglary (Pen. Code,1 § 459) and vandalism (§ 594, subd. (a)) as to the different victims. In case no. 23CF04748, the People charged defendant with vandalism (§ 594, subd. (a)). In case no. 23CM04749, the People charged defendant with driving under the influence of a drug (Veh. Code, § 23152, subd. (f)) as a misdemeanor. In every case other than case no. 23CM04749, the People alleged two prior strike convictions. In December 2023, defendant pled no contest in these cases to two counts of second degree vehicular burglary, one count of vandalism, and one count of driving under the influence as a misdemeanor. The trial court scheduled a sentencing hearing for January 31, 2024. On January 11, 2024, a neighbor reported a burglary at a residence in Oroville. Surveillance video showed defendant removing items from the residence. The People