People v. Schuerfeld CA3

Filed 3/25/14 P. v. Schuerfeld CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C074714

Plaintiff and Respondent, (Super. Ct. Nos. 62121237, 62123704) v.

PETER TODD SCHUERFELD,

Defendant and Appellant.

Appointed counsel for defendant Peter Todd Schuerfeld has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We shall affirm the judgment as modified. BACKGROUND On February 13, 2013, defendant fled from Roseville Police Officer Harlan. During his flight, he discarded a small baggie of methamphetamine that weighed 0.7 grams, a useable amount.

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On June 3, 2013, in case No. 62121237 (the February case), defendant pleaded no contest to possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) In exchange, a count of obstructing a peace officer (Pen. Code, § 148)1 was dismissed. The parties agreed that defendant’s California Rehabilitation Center commitments in three unrelated cases would be terminated, sentences totaling three years four months would be imposed in those cases, defendant would be sentenced to either 16 months concurrent or eight months consecutive in the present case, and all four terms would be deemed “time served” after application of defendant’s substantial presentence credits. On July 22, 2013, defendant was granted supervised own recognizance release and ordered to appear in court on August 16, 2013. A week later, defendant was contacted by law enforcement and found to be in possession of a useable quantity of methamphetamine. On August 16, 2013, in case No. 62123704 (the August case), defendant pleaded no contest to possession of methamphetamine. In exchange, an allegation that the offense was committed while on own recognizance (§ 12022.1) and a count of possession of paraphernalia (Health & Saf. Code, § 11364.1) were dismissed. In the February case, defendant was sentenced to the low term of 16 months concurrent with the unrelated cases and the court deemed the sentence to have been served. In the August case, defendant was sentenced to county jail for two years, awarded 19 days of custody credit and 18 days of conduct credit, and ordered to pay a $280 restitution fine (§ 1202.4, subd. (b)), a $40 court operations fee (§ 1465.8, subd. (a)(1)), and a $30 court facilities assessment (Gov. Code, § 70373). The trial court issued a certificate of probable cause.