People v. Spoonmore CA3

Filed 1/31/14 P. v. Spoonmore CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C074458

Plaintiff and Respondent, (Super. Ct. No. CRF13-2094)

v.

RICHARD LEE SPOONMORE,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we note defendant Richard Lee Spoonmore1 is entitled to presentence credit and shall affirm the judgment as modified. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1 We note the record identifies defendant’s middle name as Lee, and direct the trial court to correct the abstract to include same.

1

FACTUAL AND PROCEDURAL BACKGROUND

On May 22, 2013, officers from the West Sacramento Police Department contacted defendant in response to a report of a subject walking around in an agitated state.2 Upon performing a records check on defendant, the officers determined that he was required to register pursuant to Penal Code section 290 et seq.3 Defendant had last registered with the Eureka Police Department in May 2012 and he had not registered at his West Sacramento residence of four to five months. In April 1988 in South Dakota, defendant had been committed to an indeterminate term for first degree rape.

Defendant pleaded no contest to failure to update sex offender registration after change of address (§ 290.013, subd. (a)) and admitted the South Dakota prior serious felony conviction (§§ 667, subds. (b)-(i), 1170.12).

Defendant requested immediate sentencing. Thus, on July 9, 2013, he was committed to state prison for a stipulated upper term of three years, doubled for the prior strike, for a total of six years, and was ordered to pay a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)), a $300 restitution fine suspended unless parole is revoked (id., § 1202.45), a $40 court operations fee (id., § 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373). In lieu of awarding presentence credits, the trial court ordered the probation department to prepare a credits memo.