People v. Trammell CA5

Filed 5/20/21 P. v. Trammell 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080504 Plaintiff and Respondent, (Super. Ct. No. CR-19-008511) v.

NICHOLAS KENNETH TRAMMELL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Linda A. McFadden, Judge. Carla J. Johnson, 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., Peña, J. and Snauffer, J.

Appointed counsel for appellant Nicholas Kenneth Trammell 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).) Trammell was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Appellate counsel’s brief was filed on August 17, 2020. We received two letters from Trammell, the first is dated August 23, 2020, and the second letter is dated November 1, 2020. We have considered the contentions raised in Trammell’s letter briefs. Finding no arguable error that would result in a disposition more favorable to Trammell, we affirm. BACKGROUND On September 10, 2019, the Stanislaus District Attorney’s Office filed a criminal complaint charging Trammell with rape by force or fear (Pen. Code,1 § 261, subd. (a), count 1); assault with intent to commit rape (§ 220, subd. (a)(1), count 2); battery/interference with a police dog (§ 600, subd. (a), count 3); and resisting arrest (§ 148, subd. (a)(1), count 4). On October 7, 2019, Trammell entered an open plea of guilty to all counts alleged in the complaint. The parties stipulated to a factual basis for the plea. Before Trammell entered his plea, the trial court advised Trammell his conviction would prohibit him from owning or possessing firearms, ammunition, or ammunition- loading devices; it would require him to register as a sex offender for the duration of his life; and that he would have a parole period of 10 years. On December 11, 2019, at sentencing, defense counsel stated Trammell wished to withdraw various motions he had filed with the trial court. The motions were filed as petitions for writ of habeas corpus and alleged the police had violated Trammell’s civil rights.