People v. Fires CA1/1

Filed 4/15/22 P. v. Fires CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A163565 v. JOSHUA ANDERSON FIRES, (Sonoma County Super. Ct. Nos. SCR-743686-1, Defendant and Appellant. SCR-745153-1)

Defendant Joshua Fires appeals from sentences entered on pleas of no contest in two cases. His counsel asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) Fires was informed of his right to file a supplemental brief and did not do so. We were nonetheless concerned that some of the probation conditions imposed in one of the cases were arguably unconstitutionally vague or overbroad, and we asked for briefing on the issue. In that briefing, Fires challenges probation conditions ordering him to stay away from the victims and their residence (stay-away condition), to not possess weapons (weapons condition), and to not use marijuana even with a Proposition 215 card (Proposition 215 condition). The Attorney General concedes that the first two conditions must be modified and the last condition must be stricken. We agree with the parties’ proposed disposition. We

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therefore modify the stay-away condition to require Fires to stay 100 yards away from the victims and their residence, modify the weapons condition to prohibit Fires from possessing deadly or dangerous weapons, and strike the Proposition 215 condition because it conflicts with another marijuana-related condition imposed, and we affirm the judgment as modified. As to the other underlying case, we conclude we lack jurisdiction because only misdemeanors were charged, and we therefore transfer that matter to the appellate division of the superior court. (Gov. Code, § 68915.) I. FACTUAL AND PROCEDURAL BACKGROUND In January 2021, Fires threatened to stab two strangers, a woman and her elderly father, and pulled out a knife.1 He was arrested and taken to jail. Later that month, Fires was charged in case no. SCR-743686-1 (the felony case) with two counts of criminal threats and one count of elder abuse, all felonies, and a misdemeanor count of exhibiting a deadly weapon.2 In March, after being released from jail, he was charged in case no. SCR-745153-1 (the misdemeanor case) with two misdemeanor counts committed earlier that month, prowling and willfully tampering with the contents of a vehicle.3 Under a plea agreement, Fires pleaded no contest to elder abuse in the felony case and no contest to prowling in the misdemeanor case in exchange