People v. Wooten CA5

Filed 4/28/16 P. v. Wooten CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F069364 Plaintiff and Respondent, (Super. Ct. Nos. F13910689 & v. F11902121)

EVAN ALEXANDER WOOTEN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge. Melissa Baloian Sahatjian, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

*Before Gomes, Acting P.J., Poochigian, J., and Peña, J.

INTRODUCTION Appellant Evan Alexander Wooten pled guilty to manufacturing a controlled substance, a violation of Health and Safety Code section 11379.6, subdivision (a), and was placed on formal felony probation. Wooten violated probation several times. Ultimately, Wooten was found guilty of first-degree burglary and grand theft of a firearm and sentenced to prison. Wooten appealed. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm. FACTS AND PROCEDURAL SUMMARY On April 15, 2011, Wooten was charged in case No. F11902121 with violating Health and Safety Code section 11379.6, subdivision (a), a felony, by manufacturing hash oil. On January 10, 2012, Wooten was sentenced and placed on three years’ formal felony probation. Wooten admitted his first violation of probation on March 29, 2013. He admitted a second violation of probation on June 11, 2013. Wooten admitted a third violation of probation on September 10, 2013. On November 19, 2013, a new criminal complaint was filed as case No. F13910689 charging Wooten with first-degree burglary and grand theft of a firearm, both felonies. On December 16, 2013, Wooten was arraigned on a fourth violation of probation and remanded into custody with a no-bail provision. He also was facing charges in case No. F13911632 for possession of methamphetamine for sale. Wooten was arraigned on the burglary and grand theft charges on January 21, 2014. Wooten entered a not-guilty plea to both charges on February 5, 2014. Jury trial commenced on April 1, 2014. On February 20, 2013, Wooten arrived at the home of an acquaintance, Darren Duggins. Wooten found Duggins in the back yard of the residence and asked to borrow money. The two men got into an argument when Duggins declined to lend Wooten money, and Wooten ran into Duggins’s house.