People v. Walton CA3

Filed 5/23/16 P. v. Walton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

THE PEOPLE, C079998

Plaintiff and Respondent, (Super. Ct. Nos. CRF132401, CRF141739) v.

JOSHUA DAVID WALTON,

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. 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 In September 2013, Karen B. was holding her laptop when defendant forcibly took it from her possession, with the intent to permanently deprive her of it. Defendant

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pleaded no contest to second degree robbery (Pen. Code, § 211),1 pursuant to People v. West (1970) 3 Cal.3d 595, in exchange for being granted probation and initially serving no more than one year in county jail. At sentencing, the trial court suspended the imposition of sentence and placed defendant on probation for a period of three years. Among the conditions of probation was that defendant not contact, harass, annoy, threaten, or batter Karen B. The trial court also ordered defendant to serve 25 days in county jail, with credit for time served, ordered defendant to complete a six-month residential treatment program, and not to possess any marijuana or drug paraphernalia. The trial court ordered defendant to pay a $300 restitution fine (§ 1202.4), a $300 suspended probation revocation fine (§ 1202.44), a $40 court security fee (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373). On June 23, 2014, before sentencing in case No. CRF 13-2401, the People informed the trial court they had filed a new case, case No. CRF 14-1401, charging defendant with robbery (§ 211 - count 1), with an on bail enhancement allegation (§ 12022.1), and dissuading a witness (§ 136.1 - count 2).2 Defendant moved to withdraw his plea in case No. CRF 13-2401. The trial court denied the motion. On August 6, 2014, in case No. CRF 14-1739, another complaint charged defendant with extortion (§ 518) and also alleged an on bail enhancement (§ 12022.1). About a month later, the trial court also granted the People’s motion to amend the complaint in case No. CRF 14-1401 to add a charge of grand theft (§ 487). Defendant then pleaded no contest to the grand theft charge, in exchange for no immediate state