People v. Sartin CA5

California Court of Appeal May 27, 2015 No. F068417Unpublished

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Holding. The court affirmed the judgment, concluding that the trial court did not abuse its discretion in denying the defendant's application for a certificate of probable cause following his guilty plea.

Issues

Whether the trial court abused its discretion in denying the defendant's application for a certificate of probable cause to appeal the denial of his motion to withdraw a guilty plea.

Disposition. affirmed

Quotations verified verbatim against the opinion

“A defendant must obtain a certificate of probable cause to appeal from the denial of a motion to withdraw a guilty plea.”

“Without a certificate of probable cause, the issues raised by the defendant are not reviewable.”

“We have reviewed the entire record and conclude that even if we were to treat this appeal as a petition for a writ of mandate, the trial court did not abuse its discretion in denying the application for a certificate of probable cause.”

Filed 5/27/15 P. v. Sartin 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068417 Plaintiff and Respondent, (Super. Ct. No. CRF40826) v.

ERICK WAYNE SARTIN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. Eric L. DuTemple, Judge. (Retired judge of the Tuolumne Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) JuNelle Harris, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

Erick Wayne Sartin pled guilty to numerous felonies resulting from a confrontation he had with his wife. The trial court sentenced Sartin to a 12-year prison term. The trial court thereafter denied Sartin’s motion to withdraw his plea and his application for a certificate of probable cause. We affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The complaint/information1 charged Sartin with making a criminal threat (Pen. Code, § 422),2 inflicting corporal injury on a spouse (§ 273.5, subd. (a)), child abuse/endangerment (§ 273a, subd. (a)), cutting a utility line (§ 591), misdemeanor driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)), and misdemeanor driving with a blood-alcohol content above 0.08 percent (id., subd. (b)). The complaint/information also alleged Sartin had suffered a prior conviction that constituted a strike within the meaning of section 667, subdivisions (b) through (i). The driving while under the influence counts also alleged Sartin had a prior conviction for the same offense within the meaning of Vehicle Code sections 23540 and 23542. The charges arose out of an incident involving Sartin’s wife. Sartin became upset, threatened to murder his wife, and struck her several times while she was holding a baby. One of the blows apparently struck the baby in a glancing fashion. When his wife fled, Sartin, who was intoxicated, followed her in a second vehicle. Sartin also allegedly pulled the telephone wires out of the house. A plea agreement was reached between Sartin and the prosecution. Sartin agreed to plead guilty to making criminal threats, inflicting corporal injury on a spouse, child abuse/endangerment, and driving while under the influence of alcohol. In addition,

People v. Sartin CA5

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