People v. Watson CA3

Filed 7/12/21 P. v. Watson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C092536

Plaintiff and Respondent, (Super. Ct. Nos. P20CRF0004, P20CRF0021, P20CRF0022) v.

JAMES MICHAEL WATSON,

Defendant and Appellant.

Appointed counsel for defendant James Michael Watson filed an opening brief setting forth the facts of the case and asking this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Because defendant failed to obtain a certificate of probable cause for his appeal from the denial of his motion to withdraw his plea, we will dismiss the appeal. 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.)

1

FACTS AND HISTORY OF THE PROCEEDINGS On November 17, 2019, defendant assaulted the victim with a deadly weapon. In case No. P20CRF0004, defendant was charged: in count 1 with assault with a firearm (Pen. Code, § 245, subd. (a)(2), statutory section references that follow are found in the Penal Code, unless otherwise set forth); in counts 2 and 4 with possession of a firearm by a felon (§ 29800, subd. (a)(1)); and in count 3 with reckless evasion (Veh. Code, § 2800.2). The complaint also alleged four prior serious/violent felonies under sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through (i). On December 22, 2019, defendant threatened to commit a crime that could result in death or great bodily injury to a second victim. In case No. P20CRF0021, defendant was charged with one count of criminal threats (§ 422). The information also alleged four prior serious felonies under sections 1170.12, subdivisions (a) through (d); 667, subdivision (a)(1); and 667, subdivisions (b) through (i). Between November 9, 2019 and November 12, 2019, defendant entered an inhabited dwelling occupied by a third victim, with the intent to commit larceny or another felony. In case No. P20CRF0022, defendant was charged in count 1 with first degree residential burglary (§ 459) and in count 2 with grand theft of a firearm (§ 487, subd. (d)(2)). The complaint alleged enhancements under sections 1170.12, subdivisions (a) through (d); 667, subdivisions (b) through (i); and 667, subdivision (a). During a consolidated plea hearing on March 17, 2020, in case No. P20CRF0004, defendant pleaded no contest to assault with a deadly weapon (§ 245, subd. (a)(1)), two violations of possession of a firearm by a felon (§ 29800, subd. (a)(1)), and admitted a prior strike. The remaining three prior strikes were dismissed. In case No. P20CRF0021, defendant pleaded no contest to criminal threats (§ 422) and admitted a prior strike for the five-year enhancement under section 667, subdivision (a). In case No. P20CRF0022,