People v. Havlin-Buttler CA3

Filed 1/11/22 P. v. Havlin-Buttler CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C094259

Plaintiff and Respondent, (Super. Ct. No. CRF2000604)

v.

ROBERT DENNIS HAVLIN-BUTTLER,

Defendant and Appellant.

The People charged defendant Robert Dennis Havlin-Buttler with first degree burglary, carrying a dirk or dagger, misdemeanor resisting a peace officer, and misdemeanor possession of burglary tools. The People alleged the burglary count was a violent felony because it occurred while another person, the victim, was present in the residence. The People also alleged defendant had a 2014 conviction for reckless evasion of a peace officer with a criminal gang activity enhancement and that the conviction constituted a serious felony and a prior strike. Defendant pled no contest to the burglary and carrying a dirk or dagger counts and admitted the prior strike allegation, as well as the allegation that the burglary count was a violent felony.

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As part of the plea agreement, the court deferred sentencing and defendant agreed to enter into a residential treatment program. If defendant successfully completed the program, the court would strike the prior strike and make a finding that defendant’s case was unusual for probation purposes. If defendant did not complete the program, he would be sentenced up to the maximum prison term on the plea. Defendant also agreed to pay $300 in restitution to the victim. Defendant had pending criminal cases in Butte County and Sutter County, and the plea agreement was contingent on the resolution of those cases in a way that would allow defendant the program opportunity. The parties stipulated the factual basis for the plea was contained in Yuba County Sheriff’s report No. 20-1182, which explained that defendant broke into two cars in a garage, then entered a house before being confronted by the victim and fleeing, and was carrying a dagger when deputies apprehended him. The prosecution in defendant’s Butte County case was unwilling to cooperate with the negotiated disposition, so the parties renegotiated the terms of the plea agreement to include a stipulated sentence as to the two counts, including the prior strike, of five years four months in state prison. The court sentenced defendant to the low term of two years, doubled for the prior strike conviction, for the burglary count, plus eight months (one- third the midterm), doubled for the prior strike conviction, for the carrying a dirk or dagger count, for a total sentence of five years four months. Considering defendant’s ability to pay, the court reduced the recommended $1,500 restitution fine to $300, and imposed a $300 parole revocation restitution fine, which was suspended pending revocation of parole, a $40 court operations assessment, a $30 criminal conviction assessment, and $300 in victim restitution. The court dismissed the outstanding balance of charges. Defendant filed a notice of appeal without a certificate of probable cause.