People v. Woods CA3

Filed 3/17/16 P. v. Woods CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C079996

v. (Super. Ct. Nos. 12F6888, 14F4107) TYLER JOHN WOODS, JR.,

Defendant and Appellant.

Appointed counsel for defendant Tyler John Woods, Jr., asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. I While responding to a report of an abandoned motorcycle at a 7-Eleven on September 22, 2012, Anderson Police Officer Tyler Finch saw defendant and knew that he had an outstanding warrant for his arrest. Officer Finch announced that defendant was under arrest. Defendant left the store and a struggle ensued with the officer in the parking lot, during which defendant grabbed for the officer’s firearm.

1

In case No. 12F6888, defendant pleaded no contest to resisting a peace officer in the performance of his duty and attempting to take the officer’s firearm (Pen. Code, § 148, subd. (d) -- count 1)1 in exchange for a three-year split sentence (§ 1170, subd. (h)) and the dismissal of the remaining counts and allegations with Harvey2 waivers for restitution. The trial court imposed the agreed upon sentence, ordering defendant to serve the first two years in county jail and the last year on mandatory supervision, awarding 92 days of presentence credit (46 actual days and 46 conduct days), and ordering defendant to pay restitution in an amount to be determined, along with various fines, fees and assessments. In case No. 13F0537, defendant was subsequently convicted of felony receiving stolen property. (§ 496, subd. (a).) The trial court ordered defendant to serve an aggregate sentence of three years eight months in case Nos. 12F6888 and 13F0537, consisting of two years in county jail, one year eight months under mandatory supervision, and 92 days of credit for time served. In case No. 12F6888, the trial court increased the court security fee to $120 (§ 1465.8, subd. (a)(1)), increased the criminal conviction assessment fee to $90 (Gov. Code, § 70303), and reiterated a $760 aggregate fine, a $151 booking fee, and the order of restitution to the victim. In case No. 13F0537, the trial court imposed a $280 restitution fine and a $280 restitution fine suspended pending successful completion of mandatory supervision. (§ 1202.45, subd. (b).) Later, in case No. 14F4107, defendant pleaded no contest to residential robbery in concert (§§ 211, 212.5, 213, subd. (a) -- counts 1 and 23), first degree residential robbery (§ 211 -- count 15), kidnapping (§ 207, subd. (a) -- count 19), assault with a semiautomatic firearm (§ 245, subd. (b) -- count 25), and admitted personal use of a firearm as to count 23 and hate crime allegations as to counts 1, 15, and 19, in return for