People v. Thietje CA3

Filed 2/3/14 P. v. Thietje CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C074418

Plaintiff and Respondent, (Super. Ct. Nos. 13F442, 12F2148)

v.

MARTIN ANTHONY THIETJE,

Defendant and Appellant.

On March 28, 2012, Redding Police Department officers responded to a report of male subjects fighting at an intersection. The first officer had several suspects at gunpoint and ordered them repeatedly to show their hands. When they failed to follow the officer’s commands, they were pepper sprayed. Another officer drew his Taser and held defendant Martin Anthony Thietje at Taserpoint. Defendant and Michael Steele were arrested at the scene.1 Adam Marz, the 22-year-old victim of the fight, lost consciousness during the physical altercation.

1 Steele was a codefendant at trial. He is not a party to this appeal.

1

In June 2012 in case No. 12F2148, defendant pleaded guilty to assault by force likely to cause great bodily injury and resisting an officer. In exchange, a related count was dismissed. Imposition of sentence was suspended and defendant was placed on probation for three years. He was ordered to make restitution to Marz and pay a fine plus penalty assessments totaling $760, a $960 restitution fine plus a 10 percent administrative fee, a $960 restitution fine suspended unless probation is revoked, an $80 court operations fee, and a $60 court facilities assessment. In September 2012, defendant admitted a probation violation. Probation was revoked and reinstated on the same terms and conditions. In December 2012, a petition was filed alleging that defendant violated probation by failing to report to the probation department. On January 4, 2013, a petition was filed alleging that defendant violated probation by using controlled substances and failing to report to the probation department. On January 14, 2013, a petition was filed alleging that defendant violated probation by possessing ammunition and narcotics paraphernalia. In January 2013, a probation search was conducted at defendant’s residence. The search yielded three rounds of .22-caliber ammunition. Defendant claimed the ammunition belonged to his girlfriend but recognized that, because it was found in his room, it was considered to be his. In February 2013, a petition was filed alleging that defendant violated probation by stealing meat from a delicatessen. In April 2013 in case No. 13F442, defendant pled no contest to possession of ammunition. He also admitted violating his probation in the 2012 case. In July 2013, judgment was imposed in both cases as follows: Defendant was sentenced to state prison for the upper term of four years in the 2012 case, plus eight months, consecutive in the 2013 case. In the 2012 case, he was ordered to pay the fines and fees previously imposed plus a $960 restitution fine suspended unless parole is revoked. He was awarded 362 days’ custody credit and 362 days’ conduct credit.