People v. Churchill CA3

Filed 7/5/22 P. v. Churchill CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C095567

Plaintiff and Respondent, (Super. Ct. Nos. 20F5297, 20F8072, 21F3977, 21F6684, v. 21F7242)

DOMINIC PATRICK CHURCHILL,

Defendant and Appellant.

Appointed counsel for defendant Dominic Patrick Churchill filed an opening brief setting forth the facts of the case and asking 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 filed a supplemental brief raising several issues. After reviewing the entire record, we find no arguable error that would result in a disposition more favorable to defendant and 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, 123-124.)

1

FACTUAL AND PROCEDURAL BACKGROUND This appeal involves five separate cases that were resolved in a plea agreement. In case No. 20F5297, the prosecution charged defendant with vandalism. (Pen. Code, § 594, subd. (b)(1).)1 In case No. 20F8072, the prosecution charged defendant with a hit and run causing death or serious injury. (Veh. Code, § 20001, subd. (b)(2).) In case No. 21F3977, the prosecution charged defendant with a single count of first degree burglary (§ 459), which the prosecution alleged was a serious and violent felony. (§§ 1192.7, subd. (c)(18), 667.5, subd. (c)(21).) In case No. 21F6684, the prosecution charged defendant with attempted second degree burglary (§§ 664, 459), vandalism (§ 594, subd. (b)(1)), second degree burglary (§ 459), and receiving stolen property. (§ 496, subd. (a).) In case No. 21F7242, the prosecution charged defendant with assault with a deadly weapon (§ 245, subd. (a)(1)), second degree robbery (§ 211), resisting an executive officer (§ 69), and misdemeanor presenting false identification to a peace officer. (§ 148.9, subd. (a).) In case Nos. 20F8072, 21F3977, and 21F7242, the prosecution also alleged the offenses occurred while defendant was released on bail (§ 12022.1). Defendant pleaded no contest to the hit and run count in case No. 20F8072; the first degree burglary count, with the serious felony allegation, in case No. 21F3977; the second degree burglary count in case No. 21F6684; and assault likely to cause great bodily injury (§ 245, subd. (a)(4)) and grand theft (§ 487, subd. (c)), lesser included charges, in case No. 21F7242. The plea agreement anticipated a nine-year four-month sentence, composed of a six-year term in case No. 21F3977; a one-year term in case No. 20F8072; an eight-month term in case No. 21F6684; and a one-year term for the assault count, and an eight-month term for the theft count, in case No. 21F7242.