People v. Cairns CA3

Filed 4/28/16 P. v. Cairns CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C079218

Plaintiff and Respondent, (Super. Ct. No. MC RD CRF 140000939) v.

PAUL MICHAEL CAIRNS,

Defendant and Appellant.

Appointed counsel for defendant Paul Michael Cairns 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 modify the judgment to correct a mandatory fee amount, and affirm the judgment as modified. However, as we describe, we direct correction of the probation order (narrative minute order of judgment and sentencing) to delete certain fines, fees, and costs not orally pronounced or otherwise already satisfied.

1

BACKGROUND A felony complaint filed February 28, 2014, in case No. 14F00939 accused defendant of felony vandalism (count 1; Pen. Code, § 594, subd. (b)(1))1 and alleged that he was released on bail or own recognizance (OR) in case No. 11F07582 when he committed the offense (§ 12202.1). On March 27, 2014, defendant pleaded guilty to count 1 in return for immediate referral to probation, credit for time served, OR release, a grant of felony probation, the dismissal of the on-bail allegation, and the dismissal of case No. 11F07582 with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The parties stipulated to the police report as containing the factual basis. The trial court entered a no-contact order as to the victim in count 1. According to the police report, on January 7, 2014, the victim reported vandalism on her property which consisted of damage to a 15-foot-wide sliding iron gate. A surveillance video showed a person getting out of a truck, attaching a chain to the gate, and driving some distance. The victim identified the driver as defendant. She had reported him many times over the last month for vandalism, theft, or threats. On May 14, 2014, defendant notified counsel that he wished to withdraw his plea. Based on that interview, counsel declared a doubt. (§ 1368). On June 17, defendant was taken back into custody. On July 9, the trial court found defendant incompetent to stand trial and referred the matter to Northern California Conditional Release Program for a report and recommendation as to placement. After receiving the report, the court suspended criminal proceedings and committed defendant to Napa State Hospital (§ 1370, subd. (a)(1)), where he remained from November 18 to December 18, 2014.