P. v. Mulvey CA3

Filed 5/2/13 P. v. Mulvey CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C072274

v. (Super. Ct. Nos. 11F3135 & 11F4093) KEITH RUSSELL MULVEY,

Defendant and Appellant.

Appointed counsel for defendant Keith Russell Mulvey 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 (Wende ).) Our review of the record discloses that a correction must be made to the abstract of judgment. Finding no other arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

I Because the matters were resolved by plea, the facts are taken from the preliminary hearing in case No. 11F3135, and from the probation report summarizing the police report in case No. 11F4093. Case No. 11F3135 Defendant owed Larry Stewart $40. When Stewart asked defendant about the money, defendant stabbed him in the back. Stewart sustained a puncture wound about three-quarters of an inch wide and an inch deep. Defendant pleaded no contest to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).1 The trial court dismissed enhancement allegations that defendant had a prior strike conviction (§ 1170.12), a prior serious felony conviction (§ 667, subd. (a)(1)), and had served three prior prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to the stipulated term of four years in state prison, awarded 72 days of presentence custody credit, and ordered him to pay an $800 restitution fund fine (§ 1202.4), an $800 parole revocation fine suspended unless parole is revoked (§ 1202.45), a $40 court security fee (§ 1465.8, subd. (a)(1)), a $30 court facilities assessment (Gov. Code, § 70373), and a $151 booking fee (Gov. Code, § 29550).2 Defendant did not obtain a certificate of probable cause. Case No. 11F4093 Defendant and Jay Wood engaged in a theft scheme at Wal-Mart. They filled separate shopping carts with the same items. Defendant purchased the items in his cart and left the store, dropping the receipt on his way out of the store. Wood picked up the