People v. Perkins CA3

Filed 11/17/25 P. v. Perkins CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C102680

Plaintiff and Respondent, (Super. Ct. No. CRF231936)

v.

AUSTIN RYAN PERKINS,

Defendant and Appellant.

Appointed counsel for defendant Austin Ryan Perkins asks this court to review the record in this case and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Our independent review of the record discloses that the trial court inadvertently failed to dismiss one of the charged counts after accepting Perkins’s no contest plea to the remaining counts. We shall modify the judgment to reflect dismissal of that count. We shall further direct the trial court to amend the abstract of judgment and the clerk’s minutes dated October 14, 2024, to: (1) reflect court operations assessments totaling $80 and criminal conviction assessments

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totaling $60; (2) indicate that local conduct credits were calculated pursuant to Penal Code section 2933.11; and (3) include the executed $300 probation revocation restitution fine. In all other respects, we affirm the judgment as modified. BACKGROUND On January 30, 2023, two children spoke with a police deputy concerning an incident that had occurred six months prior. The children told the deputy that Perkins was caring for them and their four-year-old brother while their mother was out on an errand. Perkins entered a room where all three children were on a bed. He exposed his genitals to one of the children and demanded that she touch him. The child refused. Shortly thereafter, one of the children saw Perkins on his hands and knees with his pants down in the living room having sexual intercourse with the family’s pit bull. The child quickly exited the apartment. One of the children also informed a victim services advocate of an incident two years prior where Perkins had rubbed the child’s thigh. The child pointed a BB gun at Perkins and told him to stop. Perkins was charged with committing a lewd act upon a child (§ 288, subd. (a)— count I), attempting to commit a lewd act upon a child (§ 664/288, subd. (a)—count II), and sexual contact with an animal (§ 286.5, subd. (a)—count III). Perkins pled no contest to counts I and III in exchange for a grant of probation and the dismissal of count II. The trial court made an unusual case finding and granted probation. The clerk’s minutes dated February 5, 2024, reflect that the remaining count was dismissed; however, the reporter’s transcript of the sentencing hearing on that date does not indicate any such dismissal. The court imposed a restitution fine (§ 1202.4, subd. (b)) and imposed and suspended a probation revocation restitution fine (§ 1202.44). The court also imposed