People v. Marshall CA3

Filed 4/18/25 P. v. Marshall CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C101856

Plaintiff and Respondent, (Super. Ct. No. 23FE006989)

v.

MISTER MARSHALL,

Defendant and Appellant.

Appointed counsel for defendant, Mister Marshall, filed an opening brief that sets forth the facts of the case 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.) Defendant has filed a supplemental brief. Having reviewed defendant’s arguments and the record, we note the trial court failed to formally dismiss a count in accordance with the plea agreement. We will amend the judgment to correct this error. Finding no other

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arguable errors that would result in a disposition more favorable to defendant, we will affirm the judgment as modified.

BACKGROUND The People filed a criminal complaint charging defendant with two counts of felony corporal injury on a cohabitant (Pen. Code § 273.5, subd. (a)) (subsequent undesignated statutory references are to the Penal Code). Following a preliminary hearing, the complaint was deemed the information, and defendant pled not guilty. The People originally offered to settle the case if defendant pleaded to one of the two felony counts in exchange for probation and 180 days in county jail. Defendant presented a counteroffer to plead to a misdemeanor violation with 60 days in the sheriff’s work project and 52 weeks in a batterer treatment program. The counteroffer included defense witness statements impacting the victim’s credibility. After staffing the matter, the People accepted defendant’s counteroffer. In accordance with the plea agreement, defendant pled no contest to count one as a misdemeanor. In exchange, the trial court took defendant’s waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 on count two but failed to formally dismiss this count. The court also placed defendant on three years of formal probation under specified terms and conditions. Finally, the court awarded four actual days plus four conduct days for a total of eight days custody credit and imposed mandatory minimum fines and fees. Defendant timely appealed, but did not obtain a certificate of probable cause.