People v. Madden CA3

Filed 10/6/15 P. v. Madden CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE, C077845

Plaintiff and Respondent, (Super. Ct. Nos. NCR84111, NCR87854) v.

DARIN ANTHONY MADDEN,

Defendant and Appellant.

Appointed counsel for defendant Darin Anthony Madden has asked us to review the record for error pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Because we find no arguable error that would result in a disposition more favorable to defendant, we shall affirm the judgment.

1

BACKGROUND Defendant had multiple ongoing cases, both felonies and misdemeanors, in court at the same time. We relate the necessary procedural background of only those two cases that are properly before us on appeal. In June 2012, defendant pleaded guilty to felony vandalism (Pen. Code, § 594, subd. (a))1 and recklessly causing a fire (§ 452, subd. (c)) in case No. NCR84111 (the 2012 case). At the August 6 sentencing, the trial court granted defendant probation. On July 16, 2013, the People filed a petition to revoke defendant’s probation in the 2012 case, and subsequently charged him (on August 22) with inflicting corporal injury on a cohabitant resulting in a traumatic condition (§ 273.5) and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)) in case No. NCR87854 (the 2013 case). On August 27, 2013, defendant pleaded guilty to corporal injury of a cohabitant in the 2013 case.2 He also admitted violating his probation in the 2012 case. In the 2013 case, the trial court imposed but suspended a four-year prison term, placed defendant on three years of probation, and ordered him to serve 120 days in county jail. In the 2012 case, the court imposed but suspended an eight-month (consecutive) prison term for the felony vandalism charge and a concurrent term of two years for the recklessly starting a fire charge, and reinstated defendant’s probation. The court also ordered defendant to serve 60 days in county jail and assigned credit in the cases thus far.