People v. Riley CA3

Filed 12/29/14 P. v. Riley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE,

Plaintiff and Respondent, C075743

v. (Super. Ct. Nos. CRF12227, CRF13316) JUSTIN MICHAEL RILEY,

Defendant and Appellant.

Appointed counsel for defendant Justin Michael Riley asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. I Factual and Procedural History 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.) On May 5, 2012, at approximately 1:00 a.m., defendant broke into a shed at a gasoline service station (owned by Gaurav T.) and smashed several windows of an accountancy office (operated by Deborah B. in a building owned by Gaurav T.) and the

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windshield of an ambulance (owned by Bi-County Ambulance) using a metal rod. He also ransacked, took items from, and lit a fire in the accountancy office. Defendant was charged in case No. CRF12227 with second degree burglary (Pen. Code, § 4591; count 1) and three counts of vandalism (§ 594, subd. (b)(1); counts 2-4). He pled no contest to count 1 in exchange for dismissal of counts 2 through 4 with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 and the understanding he would be granted a probation term of two to five years, including up to one year in county jail. As a term of the plea, defendant acknowledged if he violated probation he could be sentenced to prison for a term of three years. The trial court accepted the plea and granted defendant probation for five years. It imposed the usual statutory fines and fees and ordered defendant to pay victim restitution in the following amounts: to Gaurav T., $4,750 plus a 10 percent collection fee; to Deborah B., $6,500 plus a 10 percent collection fee; and to Bi-County Ambulance, $12,743.99 plus a 10 percent collection fee. The court advised defendant he was entitled to a formal restitution hearing. While defendant was on probation in the above case, officers contacted him after receiving reports he was harassing citizens. Defendant refused to submit to the officers’ attempts to search him as required by the terms of his probation. When the officers attempted to handcuff him, defendant tried to turn away, threatened to kill the officers, and continued to resist the officers’ attempts to search him. In the process of restraining defendant, one officer suffered a sprained ankle. Defendant was charged in case No. CRF13316 with attempting, by means of threat or violence, to deter or prevent an officer from performing a lawful duty, or knowingly resisting, by use of force or violence, an officer in the performance of his or her duty (§ 69; count 1). Defendant pled no contest in exchange for a stay of sentencing to complete a six-month treatment program and a conditional grant of probation following