People v. Baker CA3

Filed 9/7/16 P. v. Baker CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C080084

v. (Super. Ct. Nos. CM023515, CM035676, CM038939) MATTHEW DEAN BAKER,

Defendant and Appellant.

Appointed counsel for defendant Matthew Dean Baker asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the trial court orders.

1

I

On April 8, 2005, around 3:00 a.m., Butte County Sheriff’s deputies responded to a report of an alarm at an Oroville school, where they found defendant and another person in a stalled car. Defendant and his companion smelled of gasoline, and there was a bag of tools in the back seat of the car. The school was next to the school district’s maintenance yard. Some vehicles in the yard were missing gas caps; the maintenance supervisor said someone tried to remove gasoline from the vehicles. The tools in defendant’s car belonged to a coworker of the supervisor.

A jury convicted defendant of receiving stolen property (Pen. Code, § 496)1 and giving false information to a police officer, a misdemeanor (§ 148.9, subd. (a)). It was determined that defendant had a prior prison term (§ 667.5, subd. (b)) in case No. CM023515. The trial court sentenced defendant to three years in state prison.

This court reversed the receiving conviction. On remand, defendant pleaded no contest to the receiving count and admitted the prior prison term. The trial court sentenced him to three years in prison.

On December 27, 2011, defendant broke into the garage of a business. He pleaded no contest to second degree burglary, and the trial court sentenced him to three years in county jail in case No. CM035676. This court affirmed the conviction.