People v. Patterson CA5

Filed 11/8/21 P. v. Patterson 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081681 Plaintiff and Respondent, (Super. Ct. No. SUF28394) v.

BRYAN DAMON PATTERSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Merced County. Jeanne Schechter, Judge. Karriem J. Baker, 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 Franson, Acting P. J., Peña, J., and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from the denial of a motion to vacate a judgment based on an unauthorized sentence that is correctable at any time. (See People v. Torres (2020) 44 Cal.App.5th 1081, 1084—1085.) This appeal is also made from an order after judgment affecting appellant Bryan Damon Patterson’s substantial rights. (Pen. Code, § 1237, subd. (b).)1 STATEMENT OF THE CASE On July 9, 2003, a felony complaint was filed against Patterson alleging that he committed the following offenses: attempted escape from the California Youth Authority (CYA) (Welf. & Inst. Code, § 1768.7, subd. (b); count 1); first degree burglary (§ 459; count 2); assault with force likely to produce great bodily injury or with a deadly weapon (former § 245, subd. (a)(1); count 3); and misdemeanor resisting an officer (§ 148, count 4). As to counts 1 through 3, it was further alleged Patterson had suffered a prior felony adjudication/conviction for robbery (§ 211) on July 19, 2001, within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). On August 25, 2003, pursuant to an agreed upon resolution with the prosecution, Patterson pled guilty to counts 1 and 2 and admitted the strike prior. In exchange for his plea, for count 2, Patterson was to serve the low term doubled to four years because of the strike prior. For count 1, Patterson was to consecutively serve one-third of the middle term doubled to 16 months because of the strike prior. Patterson’s aggregate sentence would be five years and four months. On September 24, 2003, Patterson moved to discharge appointed counsel under People v. Marsden (1970) 2 Cal.3d 118. The motion was granted. Patterson also made a motion to withdraw his plea.