People v. Buchanan-Martin CA3

Filed 7/11/16 P. v. Buchanan-Martin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Amador) ----

THE PEOPLE, C080809

Plaintiff and Respondent, (Super. Ct. Nos. 15CR23306, 15CR23668) v.

TAYLOR WAYNE BUCHANAN-MARTIN,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). In accordance with People v. Kelly (2006) 40 Cal.4th 106, 110, we provide a summary of defendant’s offenses and the proceedings in the trial court.

On September 3, 2015, in case No. 15CR23306,1 a consolidated complaint (hereafter complaint) was filed in Amador County Superior Court, charging defendant Taylor Wayne Buchanan-Martin with the following felonies: inflicting corporal injury

1 Case No. 15CR23306 was the lead case after consolidation with two prior cases, No. 15CR23164 and No. 15CR23171.

1

on a cohabitant (Pen. Code, § 273.5, subd. (a)—count I);2 assault with a deadly weapon (§ 245, subd. (a)(1)—count II); making criminal threats (§ 422, subd. (a)—count III); assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)—count IV); false imprisonment by violence (§ 236—count V); and dissuading a witness from prosecuting a crime (§ 136.1, subd. (b)(2)—count VI). The complaint also charged the following misdemeanors: disobeying a court order (§ 166, subd. (a)(4)—counts VII- XLV); inflicting corporal injury on a cohabitant (§ 273.5, subd. (a)—counts XLVI & XLIX); interference with a cell phone (§ 591.5—count XLVII); dissuading a witness (§ 136.1, subd. (b)(1)—count XLVIII); violating a criminal protective order (§ 166, subd. (c)(1)—counts L & LI); and disobeying a domestic relations court order (§ 273.6, subd. (a)—count LII). As to counts I, III, and V, the complaint alleged that defendant personally used a deadly and dangerous weapon, a knife. (§ 12022, subd. (b)(1).)

On September 11, 2015, defendant pleaded guilty to counts II and VI pursuant to People v. West (1970) 3 Cal.3d 595, and no contest to counts VIII and XLVI, in return for a stipulated sentence of four years in case No. 15CR23306. Defendant also entered a guilty plea under West in another matter, case No. 15CR23668, to two felony counts of resisting an executive officer. (§ 69.)