People v. Levine CA1/4

Filed 8/25/23 P. v. Levine 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A165687 v. (Lake County Super. ANDREW J. LEVINE, Ct. CR959325, 962809) Defendant and Appellant.

Andrew J. Levine appeals from a judgment entered upon a negotiated disposition of two cases together in Lake County Superior Court. Levine’s appointed appellate counsel has submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 requesting that we independently review the record. Counsel has advised Levine of his right to submit a supplemental brief, and Levine has not done so. Our independent review of the record has disclosed no issues that warrant further briefing. I. BACKGROUND A. Case CR959325 In December 2020, the Lake County District Attorney filed a complaint in case number CR959325 charging Levine with one count of unlawfully attempting by means of threats and violence to deter and prevent an executive officer’s performance of duty, and knowingly resisting by use of

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force and violence the officer’s performance of duty, a felony (Pen. Code, § 69), and one count of knowingly escaping from a peace officer after being lawfully arrested, a misdemeanor (Pen. Code, § 836.6, subd. (b)). Following a preliminary hearing, the trial court ordered Levine held over on the first count and dismissed the second. The prosecution subsequently filed an information alleging the one felony violation of Penal Code section 69. B. Case CR962809 In March 2022, the Lake County District Attorney filed a complaint in case number CR962809 alleging in three separate felony counts that Levine willfully failed to appear in three separate criminal cases, including CR959325 (Pen. Code, § 1320.5), and did so while released from custody on bail and his own recognizance (Pen. Code, § 12022.1). In April 2022, Levine entered into a plea agreement pursuant to which he pleaded no contest to the one count alleged in CR959325 in exchange for a two-year county jail sentence, he pleaded no contest to the count in CR962809 alleging his willful failure to appear in exchange for an eight- month county jail sentence to run consecutive to the two-year sentence, and the remaining counts in CR962809 were dismissed. The court held a hearing, found that Levine had voluntarily, knowingly, and intelligently waived his rights, found there was a factual basis for his pleas, accepted his pleas, and convicted him of the two counts. The probation department prepared a presentence report for the court. It analyzed Levine’s eligibility for probation and for mandatory supervision. It recommended against probation because Levine was “a poor candidate for probation, [his] prior performance on probation and post-release community supervision [having] been unsatisfactory.” As for mandatory supervision, the