People v. Dixon CA2/4

Filed 1/29/14 P. v. Dixon CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B250016

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA409103) v.

PARIS DIXON, III,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard S. Kemalyan, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Respondent.

In the underlying action, appellant pleaded nolo contendere to one count of making criminal threats pursuant to a plea agreement, and was sentenced in accordance with the terms of that agreement. His court-appointed counsel has filed an opening brief raising no issues. Following our independent examination of the entire record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we conclude that no arguable issues exist. Accordingly, we affirm.

PROCEDURAL BACKGROUND On June 13, 2013, an amended information was filed, charging appellant Paris Dixon, III, in count one with corporal injury to a cohabitant (Pen. Code, § 273.5, subd. (a)), in count two with making criminal threats (Pen. Code, § 422, subd. (a)), in count three with kidnapping (Pen. Code, § 207, subd. (a)), and in count four with evading a police officer (Veh. Code, § 2800.2, subd. (a)). Accompanying the charges were allegations that appellant had suffered a strike under the Three Strikes Law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and seven prior felony convictions for which he had served a prison term (Pen. Code, § 667.5, subd. (b)). In addition, accompanying counts two and three was an allegation that he had suffered a prior felony conviction constituting a serious felony (Pen. Code, § 667, subd. (a)(1)). On June 19, 2013, after appellant’s jury trial had begun, he entered into a plea agreement under which he was to be given a total term of 10 years in state prison. In accordance with the agreement, appellant pleaded nolo contendere to the charge of making criminal threats (count two), and admitted the prior strike under the Three Strikes law, as well as four prior felony convictions for which he had served prison terms. As provided in the plea agreement, the trial court imposed the three-year upper term for making criminal threats, doubled that term pursuant to the Three Strikes law, and added four one-year enhancements for the