People v. Lindmeier CA5

Filed 9/30/25 P. v. Lindmeier CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F089266 Plaintiff and Respondent, (Super. Ct. No. MF013498A) v.

JAMES MICHAEL LINDMEIER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John W. Lua, Judge. Solomon Wollack, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

On September 3, 2020, defendant James Michael Lindmeier was convicted of 12 felonies. Defendant appealed, and the First District Court of Appeal1 affirmed the judgment but remanded the matter for resentencing. (People v. Lindmeier (Dec. 9, 2022, A165838) [nonpub. opn.] (Lindmeier I).) Defendant was resentenced, and he again appealed. (People v. Lindmeier (May 29, 2024, F086540) [nonpub. opn.] (Lindmeier II).)2 This court found that the sentence was unauthorized and remanded the matter for resentencing. (Ibid.) The trial court again resentenced defendant and he again appealed. Defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, identifying no error and asking the court to determine whether there were any arguable issues on appeal. Defendant was afforded an opportunity to submit a supplemental brief but failed to do so in the time allotted. We have conducted an independent review of the record and find no error. Accordingly, we affirm. PROCEDURAL HISTORY3 On December 2, 2019, the Kern County District Attorney filed a consolidated information charging defendant with the following counts: forcible oral copulation (Pen. Code,4 § 287, subd. (a)(2)(A);5 count 1); forcible rape (§ 261, subd. (a)(2); count 2); forcible victim dissuasion (§ 136.1, subd. (c)(1); count 3); infliction of corporal injury on a cohabitant (§ 273.5, subd. (a); counts 4, 6, 13); second degree robbery (§ 212.5, subd. (c); count 5); criminal threats (§ 422; counts 7, 11, 12); possession of a firearm by a