People v. Nott CA3

Filed 12/2/15 P. v. Nott CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C076609

v. (Super. Ct. No. CM039418)

DANIEL JAMES NOTT,

Defendant and Appellant.

Appointed counsel for defendant Daniel James Nott asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we affirm the judgment and order some corrections to the abstract of judgment.

1

In October 2012, the trial court sentenced defendant to county jail for two years for carrying a dirk or dagger, a felony. (Pen. Code, § 21310.)1 In May 2013, defendant entered the county sheriff’s alternative custody supervision program, was fitted with a GPS tracking device, and was advised deviation from his schedule without permission would result in an escape charge. (§ 4532; see § 1170.06, subd. (j)(2) [unauthorized departure, willful failure to return to detention, etc., punishable pursuant to § 4532]) In August 2013, defendant’s GPS location history revealed he had spent two and one- half hours at an unauthorized location rather than at his place of employment. Defendant admitted he had not gone to work as scheduled and he had told deputies otherwise. Defendant entered a no contest plea to escape (§ 4532, subd. (b)(1)) and admitted a prior prison term allegation (§ 667.5, subd. (b)) in exchange for a maximum sentence of four years and the dismissal of the remaining allegations with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754 (another prior prison term allegation and a prior serious felony allegation). After denying defendant’s request to dismiss the prior prison term allegation, the trial court imposed the upper term of three years for the offense plus one year for the prior prison term, awarded 297 days of presentence custody credit, and imposed various fees and fines. Defendant appeals. His request for a certificate of probable cause (§ 1237.5) was denied. Appointed counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any