People v. Crowley CA3

Filed 12/9/15 P. v. Crowley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C077457

v. (Super. Ct. No. 09F4668)

BUDDY JAMES CROWLEY,

Defendant and Appellant.

Appointed counsel for defendant Buddy James Crowley filed an opening brief that raises no issues and that requests this court to review the record independently to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Since we conclude the order appealed from is not appealable, we must dismiss the appeal. (People v. Mendez (2012) 209 Cal.App.4th 32, 34; People v. Turrin (2009) 176 Cal.App.4th 1200, 1206, 1208.)

1

On July 16, 2009, defendant pleaded no contest to first degree burglary of an inhabited vessel (Pen. Code, § 459)1 and second degree burglary of an inhabited vessel (§ 459). In exchange for his no contest pleas, he was promised probation with no more than 180 days’ incarceration in the initial sentencing. On September 1, 2009, the trial court suspended imposition of sentence for three years, granted defendant three years of formal probation, including 120 days in county jail, pursuant to the terms of the negotiated disposition. As part of this sentence, defendant was ordered to pay a restitution fine of $800. On January 11, 2013, defendant pleaded no contest to unlawful possession of a controlled substance for sale (Health & Saf. Code, § 11351) in violation of his probation in the burglary case, and he admitted a prior serious felony conviction (§ 1170.12). In exchange for his no contest plea, he was promised a maximum sentence of four years with the possibility of probation if the trial court granted defendant’s Romero2 motion. On March 6, 2014, the trial court sentenced defendant to serve an aggregate term of four years in state prison (two years for the first degree burglary, a concurrent 16 months for second degree burglary, and a consecutive one year, doubled, for possession for sale). The court ordered an additional restitution fine (for the possession for sale conviction) of $240. Thereafter, on June 28, 2014, defendant submitted to prison officials for mailing a motion to modify or strike his cumulative restitution fine of $1,040 based on his inability to pay. The motion was mailed on July 14, 2014, and was filed in the trial court on