People v. Mitchell CA3

Filed 7/1/16 P. v. Mitchell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C081191

Plaintiff and Respondent, (Super. Ct. Nos. CM041820 & SCR95931) v.

STEVEN ROGER MITCHELL,

Defendant and Appellant.

Appointed counsel for defendant Steven Roger Mitchell 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.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

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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, 124.) Case No. SCR95931 On September 19, 2013, defendant violated his restraining order when he peeled out of his driveway, flipped off his neighbor (the person protected by the restraining order), threw rocks at her, and yelled something like, “[T]his isn’t over yet, I’ll get you.” On November 4, 2013, defendant was charged by misdemeanor complaint with two counts of disobeying a court order. (Pen. Code, § 166, subd. (a)(4)--counts 1 & 2.)1 On October 16, 2014, defendant failed to appear in court as required for a trial setting. Thereafter, the complaint was amended to allege failure to appear. (§ 1320, subd. (a)--count 3.) Case No. CM41820 On April 2, 2014, Butte County Sheriff’s deputies executed a search warrant at defendant’s property and found a possible methamphetamine laboratory in a shed on the property. On August 21, 2014, defendant was charged by criminal complaint with manufacturing a controlled substance. (Health & Saf. Code, § 11379.6, subd. (a)-- count 1.) The complaint was amended on June 11, 2015, to allege defendant maintained a space to manufacture a controlled substance. (Health & Saf. Code, § 11366.5, subd. (a)--count 2.)

1 Undesignated statutory references are to the Penal Code.

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