People v. Kelley CA3

Filed 3/4/22 P. v. Kelley CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Glenn) ----

THE PEOPLE, C094392

Plaintiff and Respondent, (Super. Ct. Nos. 20CR15702, 21CR15824, 21CR15833) v.

JON FREDERICK KELLEY III,

Defendant and Appellant.

Appointed counsel for defendant Jon Frederick Kelley III 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.) Finding no arguable error that would result in a disposition more favorable to defendant, 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

FACTS AND HISTORY OF THE PROCEEDINGS On December 25, 2020, defendant fired a nine-millimeter pistol into a home occupied by the male victim. Defendant also assaulted a female victim with the gun and sprayed mace on the male victim. On December 27, 2020, defendant threatened to harm a female peace officer and her family. Later that day, defendant threatened to harm a male peace officer and his family. In case No. 20CR15702, defendant was charged with two counts of attempted murder (Pen. Code, §§ 664/187, subd. (a); statutory section citations that follow are to the Penal Code), willful discharge of a firearm (§ 246), unlawful use of tear gas (§ 22810, subds. (a), (g)(1)), being a felon in possession of a firearm (§ 29800, subd. (a)(1)), and being a felon in possession of ammunition (§ 30305, subd. (a)(1)). As to the attempted murder charges, it was further alleged defendant personally and intentionally discharged a firearm. (§ 12022.53, subd. (c).) In case No. 21CR15833, defendant was charged with making a criminal threat. (§ 422, subd. (a).) In case No. 21CR15824, defendant was charged with two counts of resisting an executive officer (§ 69) and one count of interfering in a public employee’s performance of duty (§ 71, subd. (a)). In April 2021, defendant reached a global resolution in all three cases, with a stipulated aggregate prison sentence of 20 years. In case No. 20CR15702, defendant pleaded guilty to assault with a deadly weapon, shooting at an inhabited dwelling (§ 246), and unlawful use of tear gas (§ 22810, subds. (a), (g)(1)). He further admitted that he committed the assault while personally using a firearm. (§ 12022.5, subd. (a).) The parties stipulated to a prison term of 18 years eight months.