People v. Wuco CA3

Filed 10/9/14 P. v. Wuco CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C075026

Plaintiff and Respondent, (Super. Ct. Nos. 09F8623, 11F2023, 12F3055, 12F6320) v.

DAVID WILLIAM WUCO,

Defendant and Appellant.

This opinion involves four cases brought by the People against defendant David William Wuco. Counsel filed an opening brief setting forth the facts of the cases and, pursuant to People v. Wende (1979) 25 Cal.3d 436, requested the court to review the record and determine whether there are any arguable issues on appeal. We have found errors in the abstract of judgment that require correction. Finding no other arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

FACTUAL AND PROCEDURAL BACKGROUND 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.) Case No. 09F8623 (Burglary Case) In November 2009, defendant stole a 30-pack of beer from a gas station. On his way out of the store, he pushed the clerk out of the way, and struck and bit him. Defendant pled guilty to one count of second degree burglary (Pen. Code,1 § 211) and the trial court granted him formal probation and a five-year suspended sentence. The court also imposed various fines and fees and ordered direct victim restitution. Case Nos. 11F2023 & 12F3055 In September 2010, defendant punched and kicked Tommy Hagerman repeatedly. In May 2012, a sheriff’s deputy found defendant digging a large hole in the ground with his hands. He was sweating profusely, talking about people following him, and claimed he had just located gold he was digging up. The deputies believed defendant was dangerous and attempted to handcuff him. He resisted. Deputies used a Taser on him but defendant continued to resist. Ultimately, deputies rendered defendant unconscious. Defendant pled no contest to assault with force likely to cause great bodily injury (§ 245) and obstructing an officer (§ 69). He also admitted a violation of probation in the burglary case. The trial court sentenced defendant to seven years eight months in prison, suspended execution of sentence for five years on all three cases, and granted defendant probation. The trial court also ordered defendant to pay various fines and fees. Case No. 12F6320 On September 1, 2012, about 9:45 p.m., the night shift manager of a market, Emerald Peterson, was ringing up a customer’s order when she saw defendant and a