People v. Cable CA3

Filed 3/15/23 P. v. Cable CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C096095

Plaintiff and Respondent, (Super. Ct. Nos. 20CF02345, 20CF06034, 21CF03808) v.

SETH DANIEL CABLE,

Defendant and Appellant.

Following three separate plea agreements, defendant Seth Daniel Cable was convicted of five counts of fraudulent possession of personal identifying information with a prior qualifying conviction and two counts of possession of methamphetamine while in custody. The trial court sentenced defendant on all three cases imposing consecutive terms, totaling eight years four months. Defendant appeals, challenging the imposition of an upper term sentence for the principal term of possession of methamphetamine while in custody. We affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND On May 4, 2020, defendant was charged with 18 counts of fraudulent possession of personal identifying information with a prior qualifying conviction and one count of possession of methamphetamine. Defendant entered a plea of no contest for five of the fraudulent possession counts and the remaining counts were dismissed. The trial court sentenced defendant to five years eight months. On December 2, 2020, defendant was charged with possession of methamphetamine while in custody. Defendant entered a plea of no contest and filed a motion to relieve the public defender and represent himself. The trial court granted defendant’s motion. Subsequently, the trial court sentenced defendant to the upper term of four years. On July 26, 2021, defendant was charged for a second time with possession of methamphetamine while in custody, and he later entered a plea of no contest. By the court’s recommendation, defendant was appointed new counsel on October 13, 2021. On March 9, 2022, the trial court resentenced defendant on all cases. It designated defendant’s first possession of methamphetamine while in custody conviction as the principal term and imposed the upper term of four years. The trial court selected the upper term based on defendant’s prior conviction as an adult and prior prison term, which were summarized in defendant’s probation report after the probation officer consulted certified records. It then imposed a consecutive one-third the midterm (eight months) for each of the five counts of fraudulent possession of personal identifying information and a consecutive one-third the midterm (one year) for defendant’s second conviction of possession of methamphetamine while in custody. Defendant did not object during the trial court’s oral pronouncement of sentence. Defendant appeals.