People v. Pillors CA3

Filed 6/8/15 P. v. Pillors CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C077045

Plaintiff and Respondent, (Super. Ct. No. 14F03071)

v.

DARNELL MAURICE PILLORS,

Defendant and Appellant.

Following defendant’s plea of no contest to making criminal threats while personally armed with a knife, and admitting having a prior strike conviction, the trial court sentenced defendant Darnell Maurice Pillors to an agreed term of three years eight months in prison. Defendant’s appointed counsel has 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. We provide the

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following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) BACKGROUND On May 8, 2014, a complaint was filed alleging defendant had made a criminal threat while personally using a knife. (Pen. Code, §§ 422, 12022, subd. (b)(1).)1 The complaint also alleged misdemeanor offenses for unlawful use of force or violence and unlawfully exhibiting a deadly weapon in a threatening manner. (§§ 243, subd. (e)(1), 417, subd. (a)(1).) It was further alleged that defendant had two prior strike convictions. (§§ 667, subd. (e)(2)(c), 1170.12, subd. (c)(2)(C).) On June 19, 2014, defendant accepted the district attorney’s offer admitting the threat, the personal arming enhancement, and one of the prior strikes. In exchange for his plea, the misdemeanors and the second prior strike were dismissed and it was agreed defendant would receive the low term of 16 months, doubled, and an additional year for the enhancement. The court imposed sentence the same day in accordance with the agreement, resulting in an aggregate term of three years eight months in state prison. It also imposed various fines and fees and awarded defendant 89 days of presentence conduct credit. The record does not contain a detailed recitation of the facts underlying defendant’s offense. The factual basis for the plea, which defendant accepted, was described as follows: “About May 6, 2014, in the County of Sacramento of the State of California, the defendant, Darnell Maurice Pillors, did commit a felony violation of Section 422 of the Penal Code in that defendant willfully and unlawfully threatened to commit a crime