People v. Amato CA1/2

Filed 9/10/15 P. v. Amato CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A143715 v. MARCUS CHRISTOPHER AMATO, (Sonoma County Super. Ct. Nos. SCR-631383, Defendant and Appellant. SCR-629892, SCR-636243)

Defendant Marcus Christopher Amato appeals from sentencing in three separate matters that were part of a single disposition. Execution of the agreed-upon 10-year prison sentence was suspended and defendant was placed on probation. Following admissions by defendant that he violated the terms of his probation, the court ordered the previously suspended sentence into effect. Defendant’s court-appointed counsel has filed a brief seeking our independent review of the record, pursuant to People v. Wende (1979) 25 Cal.3d 436, to determine whether there are any arguable issues for review. Defendant has been informed of his right to file supplemental briefing, and he has not done so. After our independent review of the record, we find no errors or other issues requiring further briefing, and we affirm.

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FACTUAL AND PROCEDURAL BACKGROUND Case No. SCR-631383 On August 13, 2013, in case number SCR-631383, defendant entered a no contest plea to one count of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a))1 and admitted a prior prison term enhancement (§ 667.5, subd. (b)). The charges arose out of a fight with his girlfriend. Case No. SCR-629892 Also on August 13, 2013, defendant entered a no contest plea to one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378) and admitted a prior narcotics conviction enhancement (Health & Saf. Code, § 11370.2, subd. (c)). These charges arose out of a probation search of a hotel room. Police found a container of crystal methamphetamine on defendant’s person, several baggies of crystal methamphetamine and two digital scales in the hotel room, and text messages on defendant’s cell phone that were consistent with drug sales. Case No. SCR-636243 At the same August 13, 2013, hearing, defendant entered no contest pleas to charges of conspiracy to commit commercial burglary (§ 182, subd. (a)(1)) and grand theft (§ 487, subd. (a)), and admitted an on bail enhancement (§ 12022.1). The conspiracy and theft charges stemmed from defendant’s involvement with a group of people who would enter a store and pick up items, then “return” the unpaid-for items to the store for store value cards. These cards were then used to purchase merchandise or sold to the gift card exchange at a local mall. Investigators believed that $1,928.96 was stolen over the course of the scheme. Suspended Execution of Sentence At the sentencing hearing on September 25, 2013, the court told defendant that “this is a very heavy hanger—you know, hammer hanging over your head,” and warned him that if he violated probation there was “every chance in the world, unless it’s