People v. Bennett CA3

Filed 7/15/15 P. v. Bennett CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Amador) ----

THE PEOPLE, C075786

Plaintiff and Respondent, (Super. Ct. No. 12CR19373)

v.

RALPH BENNETT,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. However, we noticed an error in the abstract of judgment and order that it be corrected. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

FACTUAL AND PROCEDURAL BACKGROUND1 Defendant Ralph Bennett pleaded no contest to assault with a firearm upon a peace officer (Pen. Code, § 245, subd. (d)(1); count one)2 and assault with a knife upon Jason Revell (§ 245, subd. (a)(1); count two), and admitted an allegation that he personally used a firearm in the commission of count one (§ 12022.5, subds. (a) & (d)). In exchange, several related counts and allegations were dismissed with a Harvey waiver.3 Defendant was sentenced to prison for a stipulated term of 10 years; awarded 619 days’ custody credit and 92 days’ conduct credit (§ 2933.1); and ordered to pay a $2,400 restitution fine (§ 1202.4), a $2,400 restitution fine suspended unless parole is revoked (§ 1202.45), an $80 court operations fee (§ 1465.8, subd. (a)(1)), a $60 court facilities assessment (Gov. Code, § 70373), a $63.50 booking fee (Gov. Code, § 29550.1), and a $200 presentence investigation fee (§ 1203.1b). On March 25, 2012, Jessica Buntt and her boyfriend Jason Revell were drinking at a bar in Jackson. Defendant, who was present, behaved in a manner that prompted Buntt to kick him in the groin. Because defendant responded by laughing, Buntt believed he was not angry and joked that she would kick him again. Defendant responded that, if she did, he would stab her and displayed a knife. Revell intervened and told defendant to leave.