People v. Bretz CA5

Filed 6/13/22 P. v. Bretz 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F082687 Plaintiff and Respondent, (Super. Ct. No. F17903791) v.

DREW PATTERSON BRETZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Francine Zepeda, Judge. Julia J. Spikes, 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 Peña, Acting P. J., Meehan, J. and Snauffer, J.

Appointed counsel for defendant Drew Patterson Bretz asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of his right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. After requesting supplemental briefing, we vacate the portion of the judgment ordering payment of a probation report fee and an administration fee. In all other respects, we affirm. PROCEDURAL SUMMARY On August 31, 2018, the Fresno County District Attorney charged defendant with 29 counts alleging crimes occurring on 16 separate dates. The information further alleged defendant had suffered a prior “strike” conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)),1 had suffered a prior serious felony conviction (§ 667, subd. (a)), and had served two prior prison terms (§ 667.5, subd. (b)). On December 3, 2020, defendant pled no contest to domestic violence (§ 273.5, subd. (a); count 1) and conspiring to dissuade a victim or witness (§ 136.1, subd (c)(2); count 15), and he admitted personally using a firearm (§ 12022.5, subd. (a)) in the commission of count 1 and having suffered a prior strike conviction. His plea was in exchange for a stipulated 18-year sentence. On February 8, 2021, the trial court sentenced defendant to the agreed-upon 18 years in prison, as follows: on count 1, eight years (the upper term of four years, doubled pursuant to the Three Strikes law), plus a four-year firearm use enhancement; on count 15, six consecutive years (the midterm of three years, doubled pursuant to the Three Strikes law). The court awarded credits and imposed various fines and fees.