People v. Norton CA3

Filed 4/21/23 P. v. Norton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C096237

Plaintiff and Respondent, (Super. Ct. Nos. 16F0506, 18F1676) v.

JOSHUA DAVID NORTON,

Defendant and Appellant.

Appointed counsel for defendant Joshua David Norton has 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.) We will modify the judgment to strike a conviction, in accordance with the parties’ plea agreement. Finding no other arguable error that would result in a disposition more favorable to d efendant, we will affirm the judgment as modified.

1

FACTUAL AND PROCEDURAL BACKGROUND 1. Case No. 16F0506 (case No. 0506) In February 2016, defendant pleaded no contest to robbery (Pen. Code, § 211)1 and, in the alternative, to assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)). Per his plea deal, defendant would be placed on three years of probation. If defendant successfully completed probation, the section 211 plea would be withdrawn and the charge dismissed, leaving him with only the section 245 conviction. However, if he violated probation, the section 211 sentence would come into effect and the section 245 conviction would be dismissed. In March 2016, the trial court imposed a five-year prison sentence on the robbery, but suspended execution of the sentence for three years and ordered defendant to three years of probation. The trial court also imposed a variety of fines and fees, including a $300 restitution fine (§ 1202.4) and a corresponding probation revocation fine (suspended unless probation is revoked) (§ 1202.44). 2. Case No. 18F1676 (case No. 1676) In February and March 2018, defendant entered three separate homes with the intent to commit larceny. Defendant was on probation at the time of the crimes. Defendant was charged with five counts of first degree residential burglary (§ 459; counts 1, 13, 25, 29, 33); 16 counts of grand theft of a firearm (§ 487, subd. (d); counts 2- 11, 14-18, 30); four counts of possession of a firearm with a prior conviction (§ 29900, subd. (a); counts 12, 19, 31, 34); four counts of misdemeanor receipt of stolen property (§ 496, subd. (a); counts 22, 26, 27, 32); two counts of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); counts 21, 24); two counts of receipt of a stolen motor vehicle (§ 496d, subd. (a); count 20, 23); and one count of attempted first degree