People v. Graves CA5

Filed 10/27/21 P. v. Graves 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081809 Plaintiff and Respondent, (Super. Ct. No. VCF396437) v.

RYAN ALAN GRAVES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Melinda Myrle Reed, Judge. John L. Staley, 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.

STATEMENT OF APPEALABILITY This appeal is from a final judgment after a no contest plea. The final judgment disposed of all issues between the parties and is authorized under Penal Code1 section 1237, subdivision (a). STATEMENT OF THE CASE An information filed on July 9, 2020, alleged Ryan Alan Graves committed the following violation of the Penal Code: (1) failure to update sex offender registration (§ 290.012, subd. (a); count 1), a felony; and (2) transient violation of the registration law (§ 290.011, subd. (a); count 2). The information also alleged Graves was not eligible for probation pursuant to section 1203, subdivision (e)(4). On August 19, 2020, Graves pled no contest to both counts of the information. In case No. VCF389301, Graves pled no contest to misdemeanor possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a). In case No. VCF389459, Graves pled no contest to felony possession of a controlled substance in violation of Health and Safety Code section 11377, subdivision (a). Graves admitted that he violated his probation in case Nos. VCF351438 and VCF366366 because of his pleas in these cases. The trial court sentenced Graves to time served for case No. VCF389301. On September 30, 2020, Graves was sentenced on the remaining cases. The trial court denied his request for probation and his request for additional custody credits for case No. VCF396437. The trial court sentenced him as follows:

• For case No. VCF396437 – 16 months in state prison. The trial court dismissed count two pursuant to a motion by the prosecution. Graves was awarded 143 days of actual custody credits and 140 days of conduct credits.