People v. McPherson CA3

Filed 11/22/21 P. v. McPherson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C092664

Plaintiff and Respondent, (Super. Ct. Nos. 17F2284, 17F2815, 17F3120, 19F1509, v. 19F7683)

MICHAEL ROBERT MCPHERSON,

Defendant and Appellant.

Appointed counsel for defendant Michael Robert McPherson has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After reviewing the entire record, we affirm the judgment. 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 Cases sentenced in 2017 In Shasta County Superior Court case No. 17F2284, on April 14, 2017, officers found defendant and a woman in a car, which he appeared to be using as a residence. Defendant had baggies, knives, a hypodermic needle, and a container with 3.2 grams of methamphetamine and 1.3 grams of heroin. In the car were nine cell phones, a digital scale, hypodermic needles, burglary tools, and a pellet gun. Defendant was arrested. That same month, defendant was charged with possession of heroin for sale (count 1; Health & Saf. Code, § 11351), possession of methamphetamine for sale (count 2; Health & Saf. Code, § 11378), possession of an opium pipe (count 3; Health & Saf. Code, § 11364, subd. (a)), and possession of burglary tools (count 4; Pen. Code, § 466). As to counts 1 and 2, it was further alleged that he had five prior prison terms (Pen. Code, § 667.5, subd. (b)) and three prior narcotics convictions (Health & Saf. Code, § 11370.2, subd. (a)). In Shasta County Superior Court case No. 17F2815, on April 1, 2017, a woman confronted defendant as he was trying to steal her car. The woman called the police, and defendant fled the scene. In May 2017, defendant was charged with theft of a vehicle with a prior conviction (count 1; Veh. Code, § 10851, subd. (a)/Pen. Code, § 666.5) and receipt of a stolen motor vehicle with a prior conviction (count 2; Pen. Code, §§ 496d, subd. (a)/666.5). It was further alleged defendant had five prior prison terms. (Pen Code, § 667.5, subd. (b).) In Shasta County Superior Court case No. 17F3120, in June 2017, police found defendant standing next to a stolen car. Defendant was arrested and admitted to police that he had driven the car to where police found it. That same month, defendant was charged with receipt of a stolen vehicle with a prior conviction (count 1; Pen. Code, §§ 496d, subd. (a)/666.5) and theft of a vehicle with a prior conviction (count 2; Veh. Code, § 10851, subd. (a)/Pen. Code, § 666.5). It was