People v. Blair CA3

Filed 11/19/20 P. v. Blair CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C091290

Plaintiff and Respondent, (Super. Ct. Nos. 18F2639, 18F7967) v.

JASON WREY BLAIR,

Defendant and Appellant.

Appointed counsel for defendant Jason Wrey Blair has 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).) We will affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND Defendant pleaded no contest in two different cases on June 24, 2019. In case No. 18F2639 (drug case), defendant pleaded no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378) and admitted a prior strike (Pen. Code, §§ 667,

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subd. (d), 1170.12, subd. (b)). In case No. 18F7967 (evading case) defendant pleaded no contest to evading a police officer while driving against traffic (Veh. Code, § 2800.4) and admitted a prior strike (Pen. Code, §§ 667, subd. (d), 1170.12, subd. (b)). In exchange, all remaining counts and allegations were dismissed, as was case No. 18M839. The stipulated factual basis for the pleas were Anderson police report No. 1717296 and Redding police report No. 1826019. Defendant agreed he would receive a sentence of five years four months, provided that he attended his presentence interview and sentencing hearing and otherwise abided by the conditions of his release. Failure to do this would forfeit the agreed upon sentence. Defendant failed to appear for judgment and sentencing on August 27, 2019, as agreed, and a warrant was issued for his arrest. Defendant was arrested and brought to court on November 8, 2019. On December 31, 2019, he admitted violating his conditions of release. Defendant was sentenced on January 2, 2020, to an aggregate prison term of seven years four months. The court set the evading case count as the principal term and imposed the upper term of three years, doubled to six years because of the prior strike. The court then imposed one-third the midterm (eight months) on the drug case, to be served consecutively, doubled to 16 months because of the prior strike. The court awarded 62 days of actual credit plus 62 days of conduct credit for a total of 124 days of custody credit. Finally, the court found defendant was unable to reimburse the county for the cost of his attorney. Defendant timely filed notices of appeal and did not request certificates of probable cause. DISCUSSION We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to