People v. Racle CA3

Filed 2/11/21 P. v. Racle CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C085733

Plaintiff and Respondent, (Super. Ct. No. 16F1941)

v.

MARTIN WILLIAM RACLE,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we affirm the judgment. We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) FACTUAL AND PROCEDURAL BACKGROUND Charles Balding was hiking when defendant, Martin William Racle, approached and asked if he had marijuana, then asked for his cell phone and car keys. Balding

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repeatedly said no and backed away from defendant. Defendant sounding desperate, persisted, then walked away. Balding was afraid and returned to his truck. When he got back to his truck, he saw defendant. It looked like defendant was trying to get into the back of the camper shell on the truck. Balding loudly asked, “Can I help you?” Defendant answered back, in a loud angry voice, “Can I help you?” As Balding walked around the gate to his truck, defendant kept asking for Balding’s car keys and cell phone. Balding kept refusing. Defendant said, “I need them more than you.” Defendant kept insisting and following Balding around the car. As Balding unlocked the driver’s side door, defendant grabbed him by his jacket. Balding shoved him back, and as defendant pulled, Balding’s jacket tore. Balding got in his truck and locked his doors. Defendant walked around to the passenger side, and punched the window three or four times, and said, “I’m going to knock you out. I’m better than you.” He appeared very angry. Balding was terrified, sped out of the parking lot, and called 911. An information charged defendant with: attempted carjacking (Pen. Code, §§ 215, subd. (a)/664; count 1);1 attempted second degree robbery (§§ 211/664; count 2); and criminal threats (§ 422; count 3). The information also alleged defendant had two prior serious or violent felonies (§§ 1170.12/667, subd. (a)(1)), and had served a prior prison term (§ 667.5, subd. (b)). After rejecting an eight-year plea offer, the prosecution rejected defendant’s six- year counter-offer, and withdrew the eight-year offer. Ultimately, defendant pleaded no contest to counts 1 and 2, admitted one prior serious felony enhancement allegation and the prior prison term enhancement allegation, with the understanding he would be sentenced to 11 years four months in state prison. Defendant waived his right to a presentence investigation report.