People v. Crouch CA3

Filed 8/24/21 P. v. Crouch CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C091876

Plaintiff and Respondent, (Super. Ct. Nos. CM043152, CM044101) v.

STEPHAN JOHN CROUCH,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On June 16, 2016, defendant Stephan John Crouch pleaded no contest to: possession of a controlled substance for sale under Health and Safety Code section 11378, subdivision (a) (case No. CM043152); two counts of residential burglary under Penal Code, section 459 (case No. CM044101) (statutory section citations that follow are to the Penal Code); and one count of misdemeanor driving under the influence of a drug

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under Vehicle Code section 23152 (case No. SCR103998). He also admitted to suffering two prior prison terms (§ 667.5, subd. (b)). In exchange, the remaining counts and special allegations in these cases, as well as another case, were dismissed. The parties stipulated the factual basis for the plea would be taken from the probation report. On March 23, 2017, the court suspended imposition of sentence and placed defendant on five-years felony probation, including participation in drug court under various terms and conditions. In exchange, defendant waived his time credits up until sentencing. The misdemeanor matter was given a separate, three-year term of probation. The court imposed various fines, fees, and assessments. Thereafter, the People filed numerous petitions for violations of probation starting June 28, 2017, and continuing through January 27, 2020, for which probation was reinstated multiple times while he participated in drug court. Defendant admitted his final probation violation on March 4, 2020, for failing to comply with various conditions of probation in February 2020. On April 8, 2020, the court struck defendant’s two prison priors in light of the passage of Senate Bill No. 36 (2019-2020 Reg. Sess.), refused defendant’s application to continue probation, which was revoked, and sentenced him to an aggregate prison term of eight years, comprised of: the upper term of six years for one burglary count, plus 16 months consecutive for the other burglary, 8 months consecutive for the drug possession count, and 180 days concurrent for the violation of Vehicle Code section 23152, subdivision (f). The court awarded 89 days custody credit. The court also ordered defendant to pay the fines, fees, and restitution previously imposed in case Nos. CM043152 and CM044101, lifted the suspensions on the previously imposed probation revocation restitution fines, and imposed two $300 suspended parole revocation restitution fines (§ 1202.45). Defendant’s pro.per. postjudgment motions for resentencing and other relief were denied. Defendant filed several notices of appeal and all his requests for a certificate of probable cause were denied.