People v. Tautau CA3

Filed 6/16/16 P. v. Tautau CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C080882

Plaintiff and Respondent, (Super. Ct. No. 15F01195)

v.

NICKLAUS TAUTAU,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. In the hours between February 23 and February 24, 2015, defendant Nicklaus Tautau along with two women met Jyn Yang at a local grocery store. They asked Yang to give them money to bail defendant’s brother out of jail. Yang refused and defendant pulled out a gun and held it to Yang’s side. Defendant told Yang he “was not kidding around, and . . . this was for real.”

One of the women then took money out of Yang’s wallet. She told defendant and Yang to follow her; she traveled to a bail bondsman. Afraid for his life, Yang followed but did not have more money for defendant’s brother’s bail. Yang “was then driven” to a

1

bank but was unable to take money out of his account. At this point, defendant told Yang to go to his mother’s house and get money from her. Still afraid for his life, Yang went to his mother’s house and came out with $3,000.

The People later charged defendant with several felonies, including kidnapping (Pen. Code, § 207, subd. (a)—count three).1 The People also alleged defendant was previously convicted of first degree burglary (§ 459), a strike offense (§§ 1170.12, subd. (c), 667, subds. (a)(1) & (e)).

Defendant pleaded no contest to kidnapping and admitted the prior strike conviction. In exchange for his plea, the People agreed to a stipulated term of 15 years in state prison. The trial court sentenced defendant in accordance with his plea and dismissed the remaining charges in the interest of justice. The trial court ordered defendant to pay a $300 restitution fine (§ 1202.4, subd. (b)) and stayed a $300 parole revocation fine (§ 1202.45). The court also awarded defendant 187 days of custody credit (163 actual and 24 good conduct days). (§ 2933.1)