People v. Therien CA3

Filed 5/30/14 P. v. Therien CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C073265

Plaintiff and Respondent, (Super. Ct. No. 62-086827)

v.

RANDALL JOSEPH THERIEN,

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 affirm the judgment.

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

PROCEDURAL AND FACTUAL BACKGROUND

In June 2009, defendant Randall Joseph Therien pleaded guilty to stalking (Pen. Code, § 646.9, subd. (a))1 and stalking with a prior stalking conviction (§ 646.9, subd. (c)(2)). In August 2009, he was sentenced to state prison for three years eight months. As of December 2012, defendant evidently had “served his state prison sentence, and [was] off parole.”

In August 2012, a new complaint (case No. 62-115765) was filed charging defendant with stalking with a prior stalking conviction. The 2009 conviction in the present case (No. 62-086827) was alleged as the prior stalking conviction.

On December 12, 2012, defendant filed in the trial court a “Notice of Motion to Vacate Judgment/Petition of Writ of Error Coram Nobis; Declaration of Defendant” (hereafter petition). The petition sought to vacate the 2009 conviction in the present case. On December 18, 2012, the prosecution filed opposition. On January 16, 2013, an evidentiary hearing was held. On January 30, 2013, the trial court denied the petition.

Defendant obtained a certificate of probable cause for appeal.