People v. Farrington CA3

Filed 7/12/16 P. v. Farrington CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE,

Plaintiff and Respondent, C078265

v. (Super. Ct. No. 14F3172)

JAMES DOUGLAS FARRINGTON,

Defendant and Appellant.

Defendant James Douglas Farrington filed a notice of appeal from the trial court’s denial of his request to recall his sentence. Defendant contends (1) the appeal is properly before this court and (2) the trial court erred in denying his request to recall his sentence. We conclude the appeal is properly before us as an appeal from an order after judgment affecting defendant’s substantial rights. On the merits, we conclude the trial court was correct in denying defendant’s request to recall his sentence. Defendant did not seek to recall his original sentence for purposes of resentencing, but sought to recall his sentence to file a motion to withdraw his plea. Accordingly, we affirm the judgment.

1

Summary of Facts On May 26, 2014, officers responded to a disturbance caused by defendant James Douglas Farrington who reportedly was armed with a shotgun. The victim (Tammie Genetiano) reported defendant had kicked in the front security door of her home and threatened to kill everyone in the house. Defendant refused to leave. The victim’s husband pushed defendant out of the house and disarmed him of a knife. The victim reported she feared for her life and those of her family members. An information charged defendant with first degree burglary (Pen. Code, § 459;1 count 1), criminal threats to Tammie Genetiano (§ 422; count 2), and two counts of trespass by threat (§ 601, subd. (a); counts 3 and 4). It was further alleged defendant had three strike priors (§ 1170.12) and a prior serious felony conviction (§ 667, subd. (a)(1)). On July 25, 2014, defendant entered a negotiated plea of no contest to criminal threats (count 2), admitted a prior strike (2000 second degree robbery), waived referral to the probation department for a report, and agreed to immediate sentencing, in exchange for dismissal of the remaining counts and allegations and a stipulated sentence of six years (the upper term of three years for the offense, doubled for the prior strike). The prosecutor stated the People would dismiss the additional enhancements because of “problems of proof on two of the charges that arose after further investigation with the victims in this case,” provided defendant entered his plea and was sentenced that day. In entering his plea, defendant agreed to “waive and give up [his] right to appeal the denial of any and all motions made in this case” and to “waive and give up [his] right to appeal from the stipulated sentence [he] will receive in this case.” The trial court granted the