People v. Caico CA3

Filed 2/19/16 P. v. Caico CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C078468

Plaintiff and Respondent, (Super. Ct. No. 14F00271)

v.

VINCENT ANGELO CAICO,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment but order an amendment of the abstract of judgment, as we shall explain. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND An amended consolidated felony complaint filed in March 2014 charged defendant Vincent Angelo Caico and a codefendant with two counts of second degree

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robbery (counts 1 & 2; Pen. Code, § 211).1 As to both counts, the complaint alleged that defendant personally used a deadly and dangerous weapon, a knife (§ 12022, subd. (b)(1)). In September 2014, defendant pleaded no contest to count 1, in return for the dismissal of count 2 (with a Harvey2 waiver as to victim restitution) and the personal use of a deadly and dangerous weapon allegations, and a low-term state prison sentence of two years. With the concurrence of defendant and his counsel, the prosecutor recited the factual basis for the plea as follows: “On or about January 8th, 2014[,] in the County of Sacramento, this defendant . . . did commit a felony; namely, a violation of Section 211 of the Penal Code[,] in that this defendant did unlawfully and by means of force and fear take the personal property from the Radio Shack and a Richard Lopez in Sacramento County. [¶] Specifically, he was with . . . another individual inside that Radio Shack, was masked and armed with a knife, came into that Radio Shack while they were closing around 9:00 p.m., took approximately 60 cell phones. [¶] One of the cell phones had a GPS tracking device that tracked the movements once they got out in the car outside of that shop and eventually once they ditched the car . . . . [¶] Some of his personal property was found in the get-away car.” In December 2014, the trial court imposed the previously agreed two-year state prison sentence. The court awarded defendant 369 days of presentence custody credit (321 actual days and 48 conduct days). The court imposed a $300 restitution fine (§ 1202.4, subd. (b)), a $300 suspended parole revocation restitution fine (§ 1202.45), and a $40 court security fee (§ 1465.8). The court expressly waived all other fines and