The People v. Tarrance CA3

Filed 9/11/13 P. v. Tarrance CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Calaveras)

THE PEOPLE, C072873

Plaintiff and Respondent, (Super. Ct. Nos. 12F5433 & 12F5533) v.

DONALD LEE TARRANCE,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), requiring us to review the entire record to determine whether there are any arguable issues which could result in an outcome more favorable to the defendant. Defendant Donald Lee Tarrance was charged by information in Calaveras County Superior Court with two cases. Case No. 12F5433 (case 5433) charged him with possession of a counterfeit vehicle identification number (VIN) with intent to defraud (count I), possession of a vehicle with a removed or defaced VIN (count II) and unlawful possession of a syringe (count III). Case No. 12F5533 (case 5533) charged him with possession of methamphetamine (count I), transportation of methamphetamine (count II) and being on-bail in case 5433 when he committed the drug offenses in case 5533.

1

Both cases were set for jury trial, and it was agreed that case 5533 would be tried first. In case 5533, a jury convicted defendant of counts I and II and found the on-bail enhancement true. On December 3, 2012, the time set for sentencing in case 5533, an agreement was reached as to sentencing in case 5433 and for a plea and sentencing in case 5433.1 Pursuant to that agreement, the court imposed the following sentence: In case 5533, the upper term of four years for count II (transportation of methamphetamine); the upper term of four years for count I (possession of methamphetamine), that term stayed pursuant to section 654; and the two-year punishment for the on-bail enhancement was stayed. In case 5433, defendant pled no contest to count I (counterfeit VIN), he was sentenced to a consecutive term of eight months and the remainder of the counts were dismissed. The total unstayed sentence was four years eight months.2 The court awarded defendant 152 days of presentence custody, consisting 64 days served plus 64 days for conduct in case 5533, and 12 days served plus 12 days for conduct in case 5433. The court also imposed various fines and fees as detailed in the abstract of judgment. On January 2, 2013, defendant filed a pro. per. motion to vacate his sentence on the ground that Judge John E. Martin, who presided over the instant cases, had disqualified himself under Code of Civil Procedure section 170.3 on March 6, 2000, in case No. F2238, another of defendant’s criminal cases. Judge Martin summarily denied the motion on January 4, 2013.