People v. Tremaine CA3

Filed 2/10/16 P. v. Tremaine CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C077764

v. (Super. Ct. Nos. CM040514, CM040227) GREGORY STEVEN TREMAINE,

Defendant and Appellant.

Appointed counsel for defendant Gregory Steven Tremaine 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).) We conclude there is no arguable error that would result in a disposition more favorable to defendant. However, there is an error in the abstract of judgment that must be corrected. Accordingly, we order a correction to the abstract of judgment and affirm the judgment.

1

I Factual and Procedural Background On October 26, 2013, defendant was standing in line at an Oroville Wal-Mart when he struck the face and neck of a woman standing next to him. The victim fell to the ground after the attack, and her body went limp and motionless for at least one second. The victim said she “saw stars” after the attack and could not remember whether she lost consciousness. Following the attack, the victim thought she was losing time and had to relearn tasks like counting numbers. The victim’s son witnessed the attack and became afraid to go to Wal-Mart as a result. On January 4, 2014, defendant brandished a knife at and threatened to kill members of the Alcoholics Anonymous meeting he was attending. A search of his car found the knife and a pair of metal knuckles. Defendant pleaded no contest to assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4))1 and possession of metal knuckles (§ 21810). The trial court sentenced defendant to serve four years eight months in state prison, ordered various fines and fees, and awarded 585 days of presentence credit (293 actual and 292 conduct). Defendant appeals. His request for a certificate of probable cause was denied. We appointed counsel to represent defendant on appeal. 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 arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief.