People v. Olson CA5

Filed 6/19/15 P. v. Olson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067602 Plaintiff and Respondent, (Mariposa Super. Ct. No. 11305) v.

TALON ROAN OLSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Mariposa County. Dana Walton, Judge. Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION Appellant/defendant Talon Roan Olson pleaded no contest to dissuading a witness from reporting a crime (Pen. Code, § 136.1, subd. (b)(1))1 and was sentenced to the stipulated term of two years four months. On appeal, his appellate counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS2 Around midnight on May 18, 2013, M.L., defendant’s mother, called the sheriff’s department. Defendant had been living at her house, and he started acting violently that night. She asked him to leave, but he refused. The responding deputy determined defendant was wanted on an outstanding no-bail felony warrant. When the deputy arrived, M.L said that she believed defendant was under the influence of something, and he had left the house. The deputy looked around the property and stayed by the house for 35 minutes, but defendant was not there. The deputy advised her to lock the front door, and he left. Shortly after the deputy left, defendant returned to M.L.’s house and kicked in the front door. She called 911, but defendant ripped the telephone cord out of the wall and disconnected the call. Defendant told M.L. to drive him to the hospital because he broke his foot, apparently when he kicked in the door. M.L. agreed, but she was afraid of his aggressive behavior.

1 All further statutory citations are to the Penal Code unless otherwise indicated. 2 The facts are taken from the reports filed by the Mariposa County Sheriff’s Department; the parties stipulated these reports constituted the factual basis for defendant’s plea. These reports were subsequently augmented to the record as a result of a settled statement hearing held by the superior court, as requested by defendant and ordered by this court.