P. v. Montgomery CA3

Filed 7/29/13 P. v. Montgomery CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C072480

Plaintiff and Respondent, (Super. Ct. Nos. 11F7199, 12F679 & 12F795) v.

SONNY WILLIAM MONTGOMERY,

Defendant and Appellant.

Appointed counsel for defendant Sonny William Montgomery has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm the judgment. BACKGROUND Defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); case No. 11F7199, count one), unlawful taking of a vehicle (Veh. Code, § 10851; case No. 12F679, count one), second degree commercial burglary

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1 (Pen. Code, §§ 459, 460, subd. (b); case No. 12F795, count one), and resisting an officer (§ 148, subd. (a)(1); case No. 12F795, count three). Defendant admitted a prior serious felony allegation. (§§ 667, subds. (b)-(i), 1170.12.) In exchange, several related counts and enhancements were dismissed along with two unrelated cases (Nos. 11F8159, 2 12F2445), the last with a Harvey waiver. The trial court denied defendant’s motion to dismiss the prior strike and sentenced him to prison for five years four months, awarded 44 days of custody credit and 44 days of conduct credit, and ordered him to pay a $1,920 restitution fine (§ 1202.4), a $1,920 restitution fine suspended unless parole is revoked (§ 1202.45), a $190 laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) including penalty assessments, a $160 court operations fee (§ 1465.8, subd. (a)(1)), a $120 court facilities assessment (Gov. Code, § 70373), and a $38 theft fine (§ 1202.5) including penalty assessments. Case No. 11F7199 On November 8, 2011, a Redding police officer was dispatched to a convenience store to investigate possible narcotics sales. Upon arrival, he contacted defendant who admitted that he was on probation and was determined to have warrants for his arrest. A probation search yielded a hypodermic needle and two baggies of methamphetamine that each weighed 0.4 grams. Case No. 12F679 On the morning of January 14, 2012, Redding police received a report that a car had been stolen from a department store. The victim stated that, after parking and locking her car, she entered the store and lost her car keys while shopping. When she