People v. Morris CA5

Filed 5/20/21 P. v. Morris CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F080625 Plaintiff and Respondent, (Super. Ct. No. F18900333) v.

MATTHEW ALAN MORRIS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Heather Mardel Jones, Judge. Erica Lynn Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Smith, J. and De Santos, J.

Appointed counsel for appellant Matthew Alan Morris asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Morris was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. To date, we have not received a supplemental brief from him. Finding no arguable error that would result in a disposition more favorable to Morris, we affirm. We will remand this case back to the lower court for the correction of errors in the abstract of judgment. BACKGROUND On January 18, 2018, the Fresno County District Attorney’s Office filed a criminal complaint charging Morris with one count of receiving stolen property in violation of Penal Code section 496d, subdivision (a). The complaint further alleged a prior strike conviction (Pen. Code,1 §§ 667, subds. (b)-(j), 1170.12, subds. (a)-(d)), and two prior prison term enhancements (§ 667.5, subd. (b)). On December 7, 2018, following an indicated sentence by the trial court, Morris entered an open plea of no contest to the charged offense and he admitted the prior strike allegation and prior prison term enhancements. The trial court stated sentencing would be postponed six months for Morris to complete a drug treatment program through WestCare, a treatment facility in which he was already enrolled. Upon successful completion of the program and assuming Morris obeyed all laws, the trial court would reduce Morris’s conviction to a misdemeanor and he would receive no additional time in custody. The trial court also stated it would strike Morris’s prior strike pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The People did not object to the trial court’s indicated sentence. On December 8, 2018, 11 days after he began the WestCare treatment program, Morris discharged himself. At the time he absconded, he was on a grant of post-release