People v. Manos CA1/4

Filed 9/16/22 P. v. Manos CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A164866 v. (Sonoma County Super. Ct. ANTHONY JAMES MANOS, Nos. SCR718348-1, SCR747493-1) Defendant and Appellant.

In re ANTHONY JAMES MANOS A165776

on Habeas Corpus. (Sonoma County Super. Ct. No. SCR718348-1)

BACKGROUND Anthony James Manos pled no contest to numerous probation violations in superior court case No. SCR718348-1 (the probation violation case) on an underlying conviction for violating Health and Safety Code section 11352, subdivision (a), and to a new violation of Penal Code1 section 4573, subdivision (a), in superior court case No. SCR747493-1 (the prison contraband case), for hiding drugs on his person during jail intake following an arrest for the latest probation violation.

All further statutory references are to the Penal Code unless 1

otherwise designated.

1

At a combined sentencing proceeding, the court revoked probation and as relevant here, imposed a term of four years in county jail pursuant to an open plea to offenses carrying a maximum term of six years, with an “indicated” sentence of five years. The lower four-year aggregate term chosen by the court consisted of a primary term of three years in the probation violation case, consecutive to a subordinate term of one year in the prison contraband case. In the probation violation case, the court awarded total credits for time served of 876 days, consisting of 438 actual days and 438 conduct days. The court awarded no credits in the prison contraband case. Within 30 days of the imposition of sentence, Manos, proceeding pro se, filed two timely notices of appeal, each on a separate date. He listed the superior court number of the prison contraband case as the case in which the appeal was taken on both notices, though each form also indicated that the appeal followed a contested violation of probation. In addition, the notices of appeal stated that Manos sought to challenge the validity of his plea. Prior to filing the notices of appeal, Manos sought a certificate of probable cause to appeal for each one. In support of those requests, he made various complaints about the representation provided by his retained attorney, someone he discharged before he pled no contest in the prison contraband case but apparently after he agreed to plead out in the probation violation case,2 a deputy public defender having substituted in as his counsel to handle the combined sentencing after pleas were taken in both cases. The court denied both requests. We have treated these two notices of appeal as a single appeal, denominated No. A164866 in this court, and taken from the sentence in the