People v. Wilkin CA3

Filed 12/21/15 P. v. Wilkin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C079315

Plaintiff and Respondent, (Super. Ct. No. 15F1316)

v.

JOSHUA JAMES WILKIN,

Defendant and Appellant.

Pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), appointed counsel for defendant Joshua James Wilkin has asked this court to review the record to determine whether there exist any arguable issues on appeal. Defendant filed a supplemental brief raising issues relating to his plea. We will affirm the judgment. BACKGROUND Defendant and the victim, K.B., had been in a relationship for approximately eight months before K.B. ended the relationship. When defendant went to K.B.’s home to return her purse, K.B. requested that he leave it on the front porch. Defendant forced his

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way through the front door. K.B. fled to the back bedroom with her three-year old daughter and locked the door. Defendant forced his way into the bedroom and told K.B., “I’m going to kill you.” K.B. feared defendant would make good on his threat, having physically assaulted her several times during their relationship. K.B. repeatedly told defendant to leave, but he became more agitated. When she told him a friend was coming over, he paced around the house and then eventually left. Defendant was charged by criminal complaint with first degree residential burglary (Pen. Code, § 459 -- count 1),1 criminal threats (§ 422 -- count 2), and vandalism (§ 594, subd. (b)(1) -- count 3). The complaint alleged that, as to counts 1, 2, and 3, defendant suffered a prior strike conviction (§ 1170.12) and served a prior prison term (§ 667.5, subd. (b)), and as to counts 1 and 2, defendant suffered a prior serious felony conviction (§ 667, subd. (a)(1)). At the time of defendant’s plea, the complaint was amended to reduce count 2 to a misdemeanor and add a second misdemeanor count, charging infliction of injury on a present or former cohabitant. (§ 273.5, subd. (a) -- count 4.) Defendant entered a negotiated plea of no contest to counts 2, 3, and 4 of the complaint, as amended, and admitted the prior strike in exchange for a stipulated state prison sentence of four years and dismissal of the balance of charges and allegations against him. The parties stipulated the factual basis for the plea was provided in Redding Police Department report No. 15-14802. The trial court denied probation and sentenced defendant to the midterm of two years on count 3, doubled pursuant to the prior strike, plus two concurrent 90-day terms for counts 2 and 4, for an aggregate term of four years in state prison as stipulated. The court imposed a $1,200 restitution fine (§ 1202.4), a $1,200 parole revocation fine, stayed