People v. Dill CA3

Filed 8/29/22 P. v. Dill CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C095583

v. (Super. Ct. Nos. 21CF02004, 21CF03011, 21CM01560) KEVIN DANIEL DILL,

Defendant and Appellant.

Appointed counsel for defendant Kevin Daniel Dill asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant filed a supplemental brief. Having reviewed the record and defendant’s supplemental arguments, we conclude defendant’s claims challenge the validity of the pleas or address matters occurring prior to the pleas, and hence are barred because he did not obtain a certificate of probable cause, and there is no

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other arguable error that would result in a disposition more favorable to defendant. We will affirm the judgment. I This appeal includes three cases. Case No. 21CF02004 involved an incident on January 2, 2021. While defendant was incarcerated, he clogged his cell’s toilet and threw contaminated water on a correctional officer while yelling “here’s some piss water.” A prison nurse standing behind the officer was also sprayed with some of the contaminated water. The People charged defendant with battery on a custodial officer (Pen. Code, § 243.1)1 and battery on a person who was not an inmate while in custody (§ 243.15). Case No. 21CM01560 involved an incident on March 2, 2021, when defendant was arrested after building an enclosure against the wall of a fire station, resulting in damage to the fire station’s property. The People charged defendant with misdemeanor vandalism under $400. (§ 594, subd. (a).) Case No. 21CF03011 involved defendant’s failure to appear on May 19, 2021, for hearings on the first two cases. The People charged defendant with failure to appear (§ 1320, subd. (b)) and asserted an enhancement allegation that he was released on bail or on his own recognizance (§ 12022.1). When defendant’s trial counsel expressed doubt as to defendant’s mental capacity, the trial court appointed a psychologist who filed a report. The trial court found defendant competent to stand trial. On December 1, 2021, defendant entered into plea agreements to resolve all three cases. In exchange for a stipulated sentence of six years four months and dismissal of three other unrelated cases, defendant pleaded no contest to battery on a custodial officer, battery on a person not an inmate, failure to appear with the enhancement that he had