People v. Spradley CA3

Filed 1/28/15 P. v. Spradley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

THE PEOPLE, C077017

Plaintiff and Respondent, (Super. Ct. Nos. CRF130461, CRF132678) v.

JAMES ALAN SPRADLEY,

Defendant and Appellant.

Appointed counsel for defendant James Alan Spradley has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Because we find no arguable error that would result in a disposition more favorable to defendant, we shall affirm.

1

BACKGROUND In case No. CRF13-0461 (the assault case), defendant was accused by information of attempted murder (count 1; Pen. Code, §§ 664/187),1 assault with a deadly weapon (count 2; § 245, subd. (a)(1)), and felony battery with infliction of great bodily injury (count 3; § 243, subd. (d)). As to counts 1 and 2, it was alleged that defendant inflicted great bodily injury. (§ 12022.7, subd. (a).) The information also alleged that defendant served six prior prison terms. (§ 667.5, subd. (b).) In case No. CRF13-2678 (the honey oil case), an information accused defendant of knowingly bringing a controlled substance into a jail facility (count 1; § 4573) and conspiring to do the same (count 2; § 182, subd. (a)(1)). The information realleged defendant’s six prior prison terms. (§ 667.5, subd. (b).) Defendant pleaded no contest to count 2 in the assault case and admitted the infliction of great bodily injury and three prior prison terms; he also pleaded no contest to count 1 in the honey oil case. All remaining counts and allegations were dismissed with a Harvey2 waiver. The indicated sentence under the plea agreement was an aggregate term of 10 years in the assault case (four years the upper term on count 2, plus three-year consecutive enhancements for the infliction of great bodily injury and the three prior prison terms), and one year consecutive in the honey oil case. The trial court referred the matter to probation for calculation of custody credit and victim restitution. The parties stipulated to the facts outlined in the written plea agreements as follows: On February 14, 2013, defendant assaulted Robert H. with a knife, stabbing him in the arm and inflicting great bodily injury on him; defendant had prior felony convictions in 2001, 2003, and 2004, for which he served prison terms. On or about and