People v. Harreld CA3

Filed 8/9/21 P. v. Harreld CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C092327

Plaintiff and Respondent, (Super. Ct. No. CRF1901767)

v.

JOHN ROBERT HARRELD,

Defendant and Appellant.

Appointed counsel for defendant John Robert Harreld 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.) Our review of the record has disclosed the trial court’s failure to impose two mandatory assessments, which we will now impose. We affirm the judgment as modified. 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

FACTUAL AND PROCEDURAL BACKGROUND Defendant struck the victim, with whom he was in a dating relationship, with a fishing reel, causing a wound to her head. Defendant subsequently sent multiple letters to the victim, while he was in jail, encouraging her to not cooperate with the prosecution. In an amended complaint, defendant was charged with infliction of corporal injury resulting in a traumatic condition (Pen. Code, § 273.5 [count I]);1 assault with a deadly weapon (§ 245, subd. (a)(1) [count II]); infliction of corporal injury with a prior conviction (§ 273.5, subd. (f)(1) [count III]); vandalism (§ 594, subd. (a) [count IV]); taking a vehicle without consent (Veh. Code, § 10851, subd. (a) [count V]); arson (§ 451, subd. (d) [count VI]); dissuading a witness (§ 136.1, subd. (c)(1) [count VII]); infliction of corporal injury with a prior conviction (§ 273.5, subd. (f)(1) [count VIII]); dissuading a witness (§ 136.1, subd. (a)(1) [count IX]); dissuading a witness (§ 136.1, subd. (a)(2) [count X]); and misdemeanor battery (§ 242 [count XI]). Pursuant to a plea agreement, defendant pleaded no contest to counts I, IX, and X. The remaining counts were dismissed. The parties’ agreement allowed defendant to be released from jail for part of one day to attend his brother’s funeral. If he returned to custody in compliance with the terms of his release (see People v. Cruz (1988) 44 Cal.3d 1247, 1254, fn. 5), then count IX would be dismissed and he would receive a five-year prison sentence. If he failed to comply, he would receive an eight-year sentence and count IX would not be dismissed. Additionally, defendant agreed to be responsible for any restitution related to the dismissed counts (see People v. Harvey (1979) 25 Cal.3d 754, 758). Defendant complied with the terms of the Cruz waiver. On January 21, 2020, the court conducted a sentencing hearing; defendant declined to appear at the hearing and his counsel waived his presence. The court imposed