People v. Lira CA3

Filed 8/10/21 P. v. Lira CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C093219

Plaintiff and Respondent, (Super. Ct. No. CRF201728)

v.

ANTHONY JOSEPH LIRA,

Defendant and Appellant.

Appointed counsel for defendant Anthony Joseph Lira filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we conclude the court failed to impose mandatory assessments for one of defendant’s convictions; we shall modify the judgment to impose the assessments. We find no arguable errors that would result in a disposition more favorable to defendant and affirm the judgment as modified.

1

FACTS AND PROCEEDINGS An August 2020 complaint charged defendant with driving or taking a 2012 Nissan Altima on August 18, 2020 (Veh. Code, § 10851, subd. (a), count I), being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1), count II),1 obliterating the identification of a firearm (§ 23900, count III), having a concealed firearm in a vehicle (§ 25400, subd. (a)(1), count IV), and unlawful possession of ammunition (§ 30305, subd. (a)(1), count V). The following month defendant moved to suppress evidence obtained as the result of a warrantless search of the car he was driving (§ 1538.5). On October 9, 2020, before the motion to suppress was heard, defendant agreed to plead no contest to counts I and II in exchange for a stipulated sentence of two years eight months in state prison and dismissal of the remaining charges. Based on Yuba County Sheriff’s Office report No. 20-3263, the parties stipulated to the following factual basis for the plea: On August 18, 2020, deputies observed defendant driving a vehicle that had been reported as stolen near the Hard Rock Casino. He did not have the owner’s permission to drive the vehicle. When deputies searched the vehicle, they found two firearms in defendant’s possession. Defendant had previously been convicted of a felony violation of section 496, subdivision (a) in August 2001. In November 2020, defendant was sentenced to two years eight months in state prison, which included the midterm of two years for count I and a consecutive eight months (one-third the midterm) for count II. The trial court imposed a $300 restitution fine (§ 1202.4), and an identical $300 parole revocation restitution fine, which was suspended unless parole was revoked (§ 1202.45). The court imposed a $40 court operations assessment (§ 1465.8) and a $30 court facilities assessment (Gov. Code,