People v. Bartram CA5

Filed 2/23/15 P. v. Bartram CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F067705 Plaintiff and Respondent, (Super. Ct. No. F12901349) v.

JOHN CHARLES BARTRAM, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Ralph Nunez, Judge (retired judge of the Fresno Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.); Jonathan M. Skiles and Edward Sarkisian, Jr., Judges. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent.

* Before Cornell, Acting P.J., Poochigian, J. and Franson, J.

INTRODUCTION Appellant John Charles Bartram pled no contest to possession of a controlled substance and admitted two prior strike convictions and five prior prison terms, in exchange for an agreed maximum sentence of 11 years. In accordance with the plea, Bartram was sentenced to a total of nine years in prison. The trial court denied Bartram’s request for a certificate of probable cause. On January 10, 2014, appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). FACTUAL AND PROCEDURAL SUMMARY On February 27, 2012, charges were filed against Bartram alleging he was found in possession of a controlled substance on February 23, 2012, in violation of Health and Safety Code section 11377, subdivision (a). It also was alleged that he had suffered two prior convictions for serious or violent felonies pursuant to Penal Code section 667, subdivisions (b) through (i),1 and had served five prior prison terms pursuant to section 667.5, subdivision (b). On February 29, 2012, Bartram waived formal arraignment and pled not guilty. On April 27, 2012, Bartram signed a felony advisement, waiver of rights, and plea form. On the form, Bartram agreed to a no contest plea to the possessory offense and admitted the two prior strikes and the five prior prison terms, apparently in exchange for an indicated sentence. The plea form stated: “Court indicates Romero[2] strikes + 3 pp = 5 yr. lid.” On that same date, Bartram withdrew his not guilty plea to the offense, entered a plea of no contest, and admitted the priors, in accordance with the plea agreement. On June 13, 2012, the Hon. Ralph Nunez stated he would not sentence Bartram in accordance with the indicated sentence set forth in the plea form. Bartram withdrew his no contest plea and his admissions.