People v. Newton CA5

Filed 3/29/22 P. v. Newton 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081825 Plaintiff and Respondent, (Super. Ct. No. 4003736) v.

AUSTIN DAVID JACOB NEWTON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Robert B. Westbrook, Judge. Francine R. Tone, 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 Detjen, Acting P. J., Snauffer, J. and De Santos, J.

STATEMENT OF APPEALABILITY This appeal is from a judgment that finally disposes of all issues between the parties. (Pen. Code, § 1237;1 Cal. Rules of Court, rule 8.204(a)(2)(B).) STATEMENT OF THE CASE A. Case No. CR-20-007715 Pursuant to a complaint filed on August 14, 2020, in case No. CR-20-007715, Newton was charged with felony intimidating a witness with force or fear or threat of force or fear (§ 136.1, subd. (c)(1); count 1) and misdemeanor petty theft (§ 484, subd. (a); count 2). On September 21, 2020, the parties negotiated a plea wherein Newton pled no contest to one misdemeanor count of dissuading a witness. (§136.1, subd. (a)(1).) Newton was sentenced to 365 days in custody. Newton appealed and was granted a certificate of probable cause. The appeal related to case No. CR-20-007715 has been transferred to the Appellate Division of the Stanislaus County Superior Court per order of this court dated April 14, 2021. B. Case No. 4003736 On July 6, 2017, in an older and unrelated case, Newton was charged with felony grand theft. (§ 487, subd. (a).) On October 17, 2017, after a plea, he was sentenced to a two-year term, one year in county jail and one year on mandatory supervision, pursuant to section 1170, subdivision (h). On February 8, 2018, a petition to revoke mandatory supervision was filed. The court revoked, reinstated, and modified mandatory supervision by imposing an additional 30 days in jail. On August 2, 2018, a second petition to revoke mandatory supervision was filed. On September 10, 2018, Newton admitted the violation of mandatory supervision and the

1 Subsequent statutory references are to the Penal Code.