People v. Schumacher CA3

Filed 5/16/16 P. v. Schumacher CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C079599

Plaintiff and Respondent, (Super. Ct. No. CM042326)

v.

MAX JUSTIN SCHUMACHER,

Defendant and Appellant.

Appointed counsel for defendant Max Justin Schumacher 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.) We remand the matter to the trial court with directions to provide a detailed recitation of all fees, fines, penalties, and assessments imposed, and the statutes under which they are imposed, and to modify the May 21, 2015 minute order and the May 21, 2015 terms and conditions of formal probation to correctly reflect that information. In all other respects, we will affirm the judgment.

1

I 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, 123-124.) On January 18, 2015, law enforcement officers responded to a complaint of a verbal dispute between defendant and his father. Defendant was reportedly in a trailer and possibly armed with a large knife and a pellet gun. When officers arrived, defendant was ordered out of the trailer and searched. Officers found defendant in possession of a pocketknife, numerous hypodermic needle caps, and one .22-caliber round. A second .22-caliber round was found inside the trailer. Defendant’s speech and movement were slow, his pupils restricted, and his eyelids droopy. He had multiple injection sites on his inner arms. Defendant told officers he used heroin the night before, but only because he was out of his prescription methadone. Defendant performed “poorly” during field sobriety tests and was arrested and taken into custody. Defendant was charged by criminal complaint with unlawful possession of ammunition by a felon (Pen. Code § 30305, subd. (a)(1))1 and being under the influence of a controlled substance, a misdemeanor (Health & Saf. Code § 11550, subd. (a)). On February 26, 2015, defendant entered a negotiated plea of no contest to both counts in exchange for no immediate state prison. He also admitted that, as a result of the plea, he was in violation of probation in unrelated case numbers SCR87855, SCR88476, and SCR91340, each of which the People agreed to dismiss with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. Defendant stipulated to a factual basis for the plea. At the May 21, 2015 sentencing hearing, the trial court found there was a factual basis for defendant’s plea, placed him on three years of formal probation subject to