The People v. Nyland CA3

Filed 9/26/13 P. v. Nyland CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C072923

Plaintiff and Respondent, (Super. Ct. Nos. 11F5198 & 12F5623) v.

JON L. NYLAND,

Defendant and Appellant.

Appointed counsel for defendant Jon L. Nyland 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 will order a mandatory fee imposed as to each of his two cases and affirm the judgment as modified. BACKGROUND Calaveras County Case No. 11F5198 In the early morning hours of July 3, 2011, law enforcement officers observed defendant speeding and driving erratically. The officers pulled their car behind him and activated their emergency lights; defendant sped off and then pulled into a parking lot. He got out of the vehicle and was met by Officer Chris Adams.

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Defendant admitted to drinking seven beers within an hour of being stopped by Adams. Defendant failed a field sobriety test; his blood-alcohol content was later determined to be 0.15 percent. A search of defendant’s car revealed three open bottles of hard liquor, 2.72 grams of methamphetamine and drug paraphernalia. The following day, California Highway Patrol Officer D. Miller was sent to the scene of a single vehicle accident. Officer Miller arrived at the scene and found defendant sitting in a lawn chair next to the vehicle; defendant admitted to driving the vehicle. Defendant’s blood-alcohol content was .23 percent. Defendant was subsequently charged in case No. 11F5198 with possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possessing drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)), two counts of driving under the influence (DUI) with three prior convictions for DUI (Veh. Code, §§ 23152, subd. (a) & 23550), two counts of driving with a blood-alcohol content at or above .08 percent, having three prior DUI convictions (Veh. Code, §§ 23152, subd. (b) & 23550), two counts of driving without a valid license (Veh. Code, § 12500, subd. (a)), and driving with an open alcoholic beverage container (Veh. Code, § 23226). Calaveras County Case No. 12F5623 During the early morning hours on October 6, 2012, Calaveras County Sheriff’s Department received a complaint regarding a physical altercation in a private residence. Outside the residence, the deputies saw the victim walking toward them from a neighbor’s house. As the victim approached them, the deputies noted dried blood on her neck and clothing. She told the deputies that defendant arrived at her home around 4:00 a.m. and began banging on the sliding glass door. The victim let defendant in, and defendant began yelling, “Where is he? Where is he?” Defendant then struck the victim in the head with a closed fist, then with a flashlight. The victim ran to the neighbor’s for help; she was later taken to the hospital by ambulance. Defendant was ordered from the residence