People v. Hartwell CA3

Filed 9/16/20 P. v. Hartwell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C089461

Plaintiff and Respondent, (Super. Ct. No. 19F767, 18F4334) v.

RANDY SCOTT HARTWELL,

Defendant and Appellant.

Defendant Randy Scott Hartwell appeals a judgment following his no contest pleas to driving or taking a vehicle without consent in case No. 19F767 and burglary and driving on a suspended license (Veh. Code, § 14601.2) in case No. 18F4334, and grant of formal probation for a term of three years. Defendant challenges the trial court’s imposition of certain fines and fees in light of People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), as well as the court’s imposition of an electronics search condition providing for warrantless search. We will strike the search condition and otherwise affirm the judgment.

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I. BACKGROUND The People’s complaint in case No. 18F4334 charged defendant with burglary (Penal Code § 4591—counts 1 & 2), grand theft (§ 487, subd. (a)—count 3), and driving on a suspended license (Veh. Code, § 14601.2, subd. (a)—count 4). It also alleged defendant had suffered a prior strike. On July 18, 2018, defendant pled guilty to count 1 and no contest to count 4 in exchange for dismissal of the remaining counts and enhancement allegations and a grant of felony probation. The parties stipulated the factual basis for the plea was found in Shasta County Sheriff’s Department Report No. 1823134, which described defendant and an accomplice breaking into a home through a glass door in order to steal food. Defendant’s sentencing in this matter trailed into 2019 because he repeatedly failed to keep his appointments to be interviewed by the probation department for the presentencing report. Thereafter, the People’s February 5, 2019 complaint charged defendant with driving or taking a vehicle without consent (Veh. Code, § 10851—count 1) and receiving a stolen vehicle (§ 496a, subd. (a)–count 2). On February 19, 2019, defendant pled no contest to count 1 in exchange for dismissal of count two. The stipulated factual basis for the plea was contained in Redding Police Department Report No. 19R007191. The complaint alleged defendant took and drove a 1998 airbus without the consent of the owner. The trial court sentenced defendant in both matters to three years of formal probation and 364 days in jail with credit for 96 days. Included within his conditions of probation as they were orally imposed was a warrantless search condition that provided in relevant part: “You are ordered to provide passwords or combinations necessary to access any iPhone or electronic device used in the possession or sale of stolen property.”