People v. Craig CA3

Filed 3/17/21 P. v. Craig CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (El Dorado) ----

THE PEOPLE, C092173

Plaintiff and Respondent, (Super. Ct. No. P18CRF0421)

v.

NORMAN JOHN CRAIG,

Defendant and Appellant.

Defendant Norman John Craig appeals from the trial court’s order finding him in violation of his probation. His appointed counsel has asked this court for an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we find no arguable error that would result in a disposition more favorable to defendant and affirm.

1

BACKGROUND After a dispute involving his neighbors in October 2018, defendant was charged with making criminal threats (Pen. Code, § 422, count 1),1 vandalism (§ 594, subd. (a), count 2), brandishing a replica gun (§ 417.4, count 3), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 4). In June 2019, defendant pleaded no contest to count 1 as amended to a misdemeanor criminal threats charge and count 2 in exchange for a 364-day jail term on count 1 with credit for 226 actual days and a waiver of conduct credits, plus three years’ formal probation on count 2. The oral plea agreement2 included orders that defendant not harass or annoy his neighbors, and that he stay 20 yards away from them. After the court explained his appeal rights, defendant further agreed that because it was a stipulated sentence between the parties that he would waive his right “to file an appeal in this matter.” The parties stipulated that the preliminary hearing transcript could serve as the factual basis for the plea, and the court sentenced defendant pursuant to the plea agreement. In April 2020, the district attorney filed a petition to revoke defendant’s probation, alleging that defendant entered his neighbors’ property and annoyed, harassed, and threatened them. Defendant denied the allegation, and requested a contested hearing. At the violation hearing in May 2020, defendant’s neighbor testified that she lives next to defendant, and had a previous confrontation with defendant in October 2018 where he came onto her property and shouted at her for over 30 minutes. In April 2020, the neighbor called law enforcement multiple times to report that defendant was outside her house yelling and shining a flashlight at her house and her car.