People v. Micheletti CA1/2

Filed 10/4/23 P. v. Micheletti CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A167826 v. ROBERT IVAN MICHELETTI, (Napa County Super. Ct. No. 22CR000012) Defendant and Appellant.

Defendant Robert Micheletti pleaded no contest to felony vandalism and, pursuant to his plea agreement, the court sentenced him to 32 months in state prison. Micheletti filed a notice of appeal challenging the validity of his plea and his sentence. His appointed appellate counsel filed a brief asking this court to independently review the record under People v. Wende (1979) 25 Cal.3d 436 (Wende). Micheletti was informed of his right to file a supplemental brief, but has not filed one. We have independently reviewed the record in accordance with our Wende obligations and find no arguable error that would result in a disposition more favorable to Micheletti. We affirm.

1

BACKGROUND On January 6, 2022, Napa County prosecutors charged Micheletti by complaint with felony vandalism over $400 (Pen. Code, § 594, subd. (b)(1)),1 misdemeanor commercial burglary (§ 459.6), misdemeanor possession of burglary tools (§ 466), misdemeanor receiving stolen property (§ 496, subd. (a)), and misdemeanor possession of a smoking device (Health & Saf. Code, § 11364, subd. (a)). According to the probation report, Micheletti used a crowbar to pry open a jewelry case inside a Walmart store, causing over $1,000 in estimated damage to two locks. The complaint also alleged that Micheletti had suffered two prior serious or violent felony convictions for burglary (§ 459) in San Mateo County in 1985 and 1992, respectively, which qualify as strikes (§ 667, subd. (d)). On or about October 21, 2022, Micheletti was sentenced to four years in state prison on a different burglary case from Alameda County. At the March 24, 2023 hearing in this case, as part of a negotiated disposition, Micheletti pleaded no contest to felony vandalism and admitted one of the two prior strikes (the 1992 burglary). The court dismissed the remaining counts. Consistent with the plea agreement, the trial court sentenced Micheletti to 32 months in state prison (a low term of 16 months, doubled due to the strikes), to run concurrently with his Alameda County sentence. The court calculated eight days of total time credits: four credits for actual days served and four conduct credits. The court ordered victim restitution in an amount to be determined. It also imposed a $300 restitution fine and suspended the $300 parole revocation fine.