People v. Foley CA3

Filed 9/17/25 P. v. Foley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Amador) ----

THE PEOPLE, C102946

Plaintiff and Respondent, (Super. Ct. No. 24CR3419301)

v.

DONALD ALEXANDER FOLEY, JR.,

Defendant and Appellant.

Appointed counsel for defendant Donald Alexander Foley, Jr., has asked this court to conduct an independent review of the record to 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 him, we will affirm the judgment.

1

BACKGROUND In June 2024, Foley, who had previously been convicted of several felonies, was found unlawfully in possession of a firearm. He was charged with being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)—count I),1 unlawful possession of ammunition (§ 30305, subd. (a)(1)—count II), and possession of metal knuckles (§ 21810—count III). There were also several circumstances in aggravation alleged. In exchange for Foley’s plea of no contest to being a felon in possession of a firearm, the parties stipulated he would be placed on two years of formal probation and, as a condition of probation, would serve time on home confinement on electronic monitoring. The home confinement was ordered in lieu of 180 days in county jail, because of Foley’s medical conditions. The parties also agreed to the terms and conditions of probation. Foley pled no contest to being a felon in possession of a firearm and admitted the prior convictions. Pursuant to the prosecution’s motion, the trial court dismissed the remaining counts in the interest of justice. In accordance with the plea, the trial court granted Foley two years of probation and placed him on electronic monitoring home confinement for 180 days with one day of credit.2 The court also imposed a $300 restitution fine (§ 1202.4), an identical probation revocation fine (§ 1202.44) stayed pending successful completion of probation, a $40 court security fee (§ 1465.8), and a $30 conviction assessment fee (Gov. Code, § 70373, subd. (a)(1)).