People v. Cobb CA3

Filed 12/22/25 P. v. Cobb CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Butte) ----

THE PEOPLE, C102787

Plaintiff and Respondent, (Super. Ct. Nos. 16CM01181, 20CF04701, 22CF04552, v. 23CF00045)

SETH RICHARD COBB,

Defendant and Appellant.

Defendant Seth Richard Cobb appeals after the trial court sentenced him in four separate cases—three felony cases and one misdemeanor case. His appointed counsel asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) As to the three felony matters, we find no arguable error that would result in a disposition more favorable to defendant, and we will affirm those judgments. As to the misdemeanor case, we lack appellate jurisdiction over defendant’s appeal, and we will transfer it to the appellate division of the superior court.

1

FACTS AND HISTORY OF THE PROCEEDINGS Defendant stipulated to the probation report and the police reports as the factual basis for his plea. The probation report summarizes the facts from the police reports. In September 2020, a Butte County Sheriff’s deputy went to the location of a reported verbal dispute between a man and a woman at a residence. Defendant, a convicted felon, was standing near a car in front of the residence and the deputy found a loaded rifle on the car’s fender. A search of defendant revealed a glass smoking pipe and a plastic bag containing .82 grams of methamphetamine. Defendant denied knowing the rifle was present and claimed his father must have left it there. At the time, defendant was on probation in a prior misdemeanor matter (case No. 16CM01181). Defendant was charged in July 2021 in case No. 20CF04701 with possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1), count 1; statutory section citations that follow are to the Penal Code unless otherwise stated); misdemeanor possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a), count 2); and misdemeanor possession of a smoking device (Health & Saf. Code, § 11364, subd. (a), count 3). He was released on his own recognizance. In June 2022, deputies responded to a report of a person brandishing a firearm following a property dispute. The victim lived next to defendant’s mother, who had hired a goat company to clear vegetation. Several goats were on the victim’s property. The victim asked defendant’s mother to remove the goats, and the next day defendant confronted the victim, threatening to shoot him while pointing a handgun at him. When the victim started taking video, defendant hid the gun behind his back and threw a large, heavy piece of wood at the victim, which scraped the victim’s hand. Defendant was charged in case No. 22CF04552 with assault with a deadly weapon (§ 245, subd. (a)(1), count 1); attempted criminal threats (§§ 664, subd. (a), 422, subd.(a), count 2); misdemeanor exhibiting a firearm (§ 417, subd. (a)(2)(B), count 3); and