People v. Spruell CA1/3

Filed 12/24/20 P. v. Spruell CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A159509 v. ANDREW QUATRELL SPRUELL II, (Alameda County Super. Ct. No. 18CR014174) Defendant and Appellant.

Defendant Andrew Quatrell Spruell II appeals from a judgment entered after he pleaded no contest to one count of shooting at an inhabited dwelling (Pen. Code, § 246)1 and one count of being a felon in possession of a firearm (§ 29800, subd. (a)(1)). His counsel asked this court for an independent review of the record to determine if any arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436.) Spruell was informed of his right to file a supplemental brief and did not do so. We conclude that there are no arguable issues and affirm. We have, however, discovered a clerical error in

1 All further undesignated statutory references are to the Penal Code.

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the abstract of judgment, and order that it be modified to reflect Spruell’s correct name.2 BACKGROUND On February 1, 2019, the Alameda County District Attorney charged Spruell by second amended information with five felony offenses: pimping (§ 266h, subd. (a)); shooting at an inhabited dwelling (§ 246); being a felon in possession of a firearm (§ 29800, subd. (a)(1)); pandering by encouraging (§ 266i, subd. (a)(2)); and attempted human trafficking for commercial sex (§ 236.1, subd. (b)). It was further alleged that Spruell personally used a firearm in the commission of the pandering and attempted human trafficking counts, making both counts serious and violent felonies (§§ 12022.5, subd. (a), 667.5, subd. (c)(8), 1192.7, subd. (c)(8)). In March 2019, the trial court denied Spruell’s section 995 motion to set aside the attempted human trafficking count. The matter proceeded to trial in October 2019. Following the close of the prosecution’s case-in-chief, the trial court granted Spruell’s section 1118.1 motion for judgment of acquittal on the pimping, pandering, and attempted human trafficking counts. Spruell then entered no contest pleas to shooting at an inhabited dwelling and being a felon in possession of a firearm. Pursuant to the terms of the plea agreement, Spruell faced an aggregate maximum sentence of seven years eight months. In January 2020, the trial court sentenced Spruell to the midterm of five years on the shooting at an inhabited dwelling count and the midterm of two years, stayed under section 654, on the felon in possession count. The