People v. Lesbrowder CA3

Filed 8/7/14 P. v. Lesbrowder CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Amador) ----

THE PEOPLE, C074304

Plaintiff and Respondent, (Super. Ct. No. 12CR19944)

v.

RYAN BRAN KNOWLESBROWDER,

Defendant and Appellant.

Pursuant to a plea agreement, the trial court sentenced defendant Ryan Bran Knowlesbrowder to an aggregate state prison term that included a subordinate term longer than allowed by law.1 Defendant asks us to strike the unauthorized portion of the

1 The notice of appeal, which appears to have been filled out by defendant himself, gives his surname as “Knowles-Browder.” Throughout most of the record on appeal, however, it appears as one word, “Knowlesbrowder,” and we will use that spelling in this opinion.

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sentence. The Attorney General proposes instead that we remand the matter to the trial court, as we did under similar circumstances in People v. Superior Court (Sanchez) (2014) 223 Cal.App.4th 567 (Sanchez), so defendant may have the opportunity to withdraw his plea. We shall remand the matter for that purpose. FACTUAL AND PROCEDURAL BACKGROUND An information charged defendant with carjacking (counts I & II; Pen. Code, § 215, subd. (a));2 attempted carjacking (counts III-VI; §§ 664/215, subd. (a)); second degree robbery (count VII; § 211); first degree burglary (count VIII; § 459); second degree commercial burglary (count IX; § 459); felony vandalism (count X; § 596, subd. (b)(1)); misdemeanor evading an officer (count XI; Veh. Code, § 2800.1, subd. (a)); and misdemeanor petty theft (count XII; § 484, subd. (a)). The victim alleged in count I was Margaret V.; the victim alleged in count V was Rosario M.; and the victim alleged in count VII was Allen M. As to counts I through X, the information alleged that defendant committed the offenses while released from custody on bail or on his own recognizance (§ 12022.1) and that he had served three prior prison terms (§ 667.5, subd. (b)). As to count V, the information further alleged that defendant used a deadly or dangerous weapon in the commission of the offense. (§ 12022, subd. (b)(2).) In a written plea agreement, defendant pleaded guilty to counts I, V, and VII (People v. West (1970) 3 Cal.3d 595) and admitted two prior prison terms in return for an aggregate sentence of nine years two months in state prison and the dismissal of the remaining allegations (plus four other pending cases). The aggregate sentence consisted of five years (the midterm) on count I, plus 10 months (one-third the midterm) on count V, plus one year four months (one-third the midterm) on count VII, plus two years for the prior prison terms.