People v. Featherstone CA3

Filed 12/29/14 P. v. Featherstone CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, C073675

v. (Super. Ct. No. CM034944)

JAMES RICHARD FEATHERSTONE,

Defendant and Appellant.

Appointed counsel for defendant James Richard Featherstone 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 Background On October 20, 2011, defendant pled no contest to driving under the influence of alcohol (Veh. Code § 23152, subd. (a)) and admitted serving seven prior prison terms

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(Pen. Code § 667.5, subd. (b)1) in exchange for dismissal of all remaining charges and allegations against him with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. After conducting a motion pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden), the trial court denied defendant’s motions to substitute counsel and to withdraw his plea. On March 14, 2012, the trial court denied probation, sentenced defendant to serve 10 years in prison (to be served locally pursuant to section 1170, subdivision (h)(5)(B)), imposed various fees, fines, and assessments, and awarded defendant 434 days of presentence custody credit (217 actual plus 217 conduct). On March 19, 2012, defendant filed a petition for writ of habeas corpus seeking relief from alleged ineffective assistance of counsel and from the trial court’s denial of his Marsden and plea withdrawal motions. On March 20, 2012, defendant filed a notice of appeal of the March 14, 2012 judgment. His request for a certificate of probable cause was denied. On March 22, 2012, the court denied defendant’s habeas corpus petition based, in part, on a lack of jurisdiction due to defendant’s pending appeal. On March 29, 2012, defendant filed a second petition for writ of habeas corpus seeking relief from alleged ineffective assistance of counsel. On April 2, 2012, the court denied defendant’s second habeas corpus petition based, in part, on defendant’s failure to demonstrate prejudice. On April 18, 2012, defendant filed a third petition for writ of habeas corpus seeking relief from the alleged denial by the Butte County Sheriff’s Department of defendant’s access to “alternative custody programs.” On April 20, 2012, the court denied defendant’s third habeas corpus petition.