People v. Bonser CA3

Filed 7/11/16 P. v. Bonser CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, C080506

Plaintiff and Respondent, (Super. Ct. No. CRF15-331)

v.

MICHAEL SHAWN BONSER,

Defendant and Appellant.

Appointed counsel for defendant Michael Shawn Bonser has filed an opening brief that sets forth the factual and procedural history of this case and asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) While we find no arguable error that would result in a disposition more favorable to defendant, we note a clerical error on the abstract of judgment and will order that corrected. We otherwise 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.)

1

Defendant was charged by criminal complaint with felony assault with a deadly weapon, a baseball bat (Pen. Code, § 245, subd. (a)(1)—count 1)1 and misdemeanor brandishing a weapon (§ 417, subd. (a)(1)—count 2).

Defendant entered a plea of no contest to count 1 in exchange for a stipulated low- term sentence of two years in state prison and dismissal of count 2. Defendant also agreed to a Cruz2 waiver allowing him to be released on his own recognizance until sentencing subject to the conditions that he not violate any laws, timely report to probation, make and keep appointments with his probation officer, and timely appear in court for all scheduled hearings. The factual basis to substantiate the plea is as follows: On June 15, 2015, defendant assaulted Jose R. with a baseball bat, as set forth in Yuba County Sheriff’s report No. 15-2570.

Defendant failed to appear for the sentencing hearing on August 26, 2015. The trial court issued a warrant for his arrest. Defendant appeared later that day and was placed on the court’s walk-in calendar for the following day.