People v. Smith CA6

Filed 3/20/26 P. v. Smith CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051531 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2201059)

v.

JOHN SMITH III,

Defendant and Appellant.

Defendant John Smith III appeals from a judgment entered after he was convicted by a jury of arson, use of an explosive device with intent to injure, and two counts of assault with a deadly weapon. Appointed counsel for Smith filed an opening brief which provides the procedural and factual background of the case but raises no legal challenge to the disposition. Counsel asks this court to conduct an independent review of the record to determine whether there are any arguable issues. (See People v. Wende (1979) 25 Cal.3d 436 (Wende).) Smith was advised of the right to file written arguments on his own behalf but has not responded. Finding no arguable error that would result in a disposition more favorable to Smith, we affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND A. Procedural background On May 2, 2023, the Santa Clara County District Attorney’s Office filed a first amended consolidated information charging Smith with one felony count of arson (Pen. Code,1 § 451, subd. (d); count 1), one felony count of use of an explosive device with intent to injure (§ 18740; count 2), and two felony counts of assault with a deadly weapon (§ 245, subd. (a)(1); counts 3, 4). At the conclusion of the trial, the jury found Smith guilty on all counts. The trial court sentenced Smith to a total term of two years and eight months, consisting of the lower term of two years on count 3 (assault with a deadly weapon), a consecutive term of eight months (one-third the middle term of two years) on count 1 (arson), and a concurrent lower term of two years on count 4 (assault with a deadly weapon). On count 2 (use of an explosive device with intent to injure), the court imposed the lower term of three years but stayed that punishment pursuant to section 654. The court awarded 732 days of credit (366 custody credits plus 366 conduct credits pursuant to section 4019) on counts 3 and 4, and 473 days of credit (237 custody credits plus 237 conduct credits pursuant to section 4019) on count 1. Based on those credits, the court deemed Smith’s sentence served on all counts. As to fines and fees, after finding that Smith had a current inability to pay, the trial court suspended a $300 restitution fine (§ 1202.4, subd. (b)), imposed and suspended an identical $300 parole revocation restitution fine (§ 1202.45), and waived both a court operations assessment of $160 (§ 1465.8) and a criminal conviction assessment of $120 (Gov. Code, § 70373).