People v. Vessels CA3

Filed 3/3/26 P. v. Vessels CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C103139 & C104167

Plaintiff and Respondent, (Super. Ct. Nos. 24CF03825 & CR65857) v.

JAMES RANDELL VESSELS,

Defendant and Appellant.

Appointed counsel for James Randell Vessels asked this court to review the record in this consolidated appeal and determine whether there are any arguable issues that would result in a disposition more favorable to defendant. (People v. Wende (1979) 25 Cal.3d 436.) We will affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Butte County Superior Court Case No. 24CF03825 In Butte County Superior Court case No. 24CF03825, on September 4, 2024, (the Butte County case), defendant swung a baseball bat at two employees of a retail store, threatening to crack one of their heads open. Defendant used the bat to damage approximately $700 worth of items in the store. Before fleeing the scene, defendant

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threw the bat at one of the employees, narrowly missing them. When responding officers arrived, defendant tried to run and struck one of the officers. Defendant was charged with making criminal threats (Pen. Code,1 § 422, subd. (a); count 1), assault with a deadly weapon (§ 245, subd. (a)(1); count 2), felony vandalism (§ 594, subd. (a); count 3), battery with injury on a peace officer (§ 243, subd. (c)(2); count 4), resisting an executive officer (§ 69, subd. (a); count 5), and misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count 6). Defendant applied for mental health diversion (§ 1001.36) in September 2024 but later withdrew his application. In December 2024, defendant pled no contest to the assault with a deadly weapon and battery with injury on a peace officer counts. Defendant stipulated to an aggregate prison term of three years eight months. The remaining allegations were dismissed with a Harvey waiver.2 Later that month, the trial court sentenced defendant to prison for three years eight months, as follows: The middle term of three years for the assault count and eight months (one-third the middle term) consecutive for the battery count. The court also imposed a $300 restitution fine (§ 1202.4, subd. (b)), a corresponding $300 parole revocation fine (suspended unless parole is revoked) (§ 1202.45), an $80 court operations assessment (§ 1465.8, subd. (a)(1)), and a $60 criminal conviction assessment (Gov. Code, § 70373). Defendant did not object to the fines or fees. The trial court awarded defendant 213 days of custody credit. Defendant did not obtain a certificate of probable cause.