People v. Hinds CA3

Filed 9/16/15 P. v. Hinds CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C077458

Plaintiff and Respondent, (Super. Ct. Nos. 12F8736 & 13F7897) v.

JOSHUA LYNN HINDS,

Defendant and Appellant.

Appointed counsel for defendant Joshua Lynn Hinds has asked this court to review the record to determine whether there exist 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 will affirm the judgment and remand for correction of the abstract of judgment.

1

I 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.) Case No. 12F8736 On December 27, 2012, defendant was charged by criminal complaint, deemed the information, with corporal injury to a spouse, cohabitant, or parent of a child (Pen. Code, § 273.5, subd. (a) -- count 1),1 possession of a firearm by a felon (§ 29800, subd. (a) -- count 2), receipt of stolen property (§ 496, subd. (a) -- count 3), and illegal possession of ammunition by a felon (§ 30305, subd. (a)(1) -- count 4). The complaint alleged that, as to counts 2 and 4, defendant was previously convicted of cultivating marijuana in violation of Health and Safety Code section 11358. On March 25, 2013, defendant entered a plea of no contest to counts 1 and 3 in exchange for dismissal of the balance of charges against him and a maximum county prison sentence of 180 days. The factual basis to substantiate the plea was as follows: In October 2012, defendant became physically violent and attacked J.A., his girlfriend and the mother of his nine-month-old daughter. During a search of defendant’s home incident to his arrest, sheriff’s deputies found guns, one of which was stolen, ammunition, 63 full-grown marijuana plants, 140 small marijuana plants, and a digital scale. J.A. produced valid and expired recommendations to grow marijuana for participants of a marijuana collective. On May 21, 2013, the trial court suspended imposition of sentence and placed defendant on three years’ formal probation subject to specified terms and conditions, including that he serve 180 days in county jail. The court imposed fees and fines, including a $960 restitution fine (§ 1202.4); a $960 probation revocation fine, stayed