People v. Sanford CA3

Filed 10/5/23 P. v. Sanford CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C097893

Plaintiff and Respondent, (Super. Ct. Nos. CR2020-0632 & CR2021-2987) v.

MICHAEL CLARE SANFORD,

Defendant and Appellant.

Appointed counsel for defendant Michael Clare Sanford filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we shall direct the trial court to correct the abstract of judgment and sentencing minute orders to delete certain financial obligations that the trial court did not orally impose at sentencing. We find no other arguable error that would result in a disposition more favorable to defendant and affirm.

1

BACKGROUND Defendant was charged in Yolo County Superior Court case No. CR2020-0632 (case No. CR2020-0632) with communicating with a minor with the intent to commit a sexual offense (Pen. Code, § 288.3, subd. (a); count 1),1 arranging a meeting with a minor to commit sexual offenses (§ 288.4, subd. (b); count 2), offering to furnish marijuana to a minor under the age of 14 (Health & Saf. Code, § 11361, subd. (a); count 3), being a felon in possession of a firearm (§ 29800, subd. (a)(1); count 4), being a felon in possession of ammunition (§ 30305, subd. (a); count 5), possession of body armor (§ 31360, subd. (a); count 6), and possession of a stun gun (§ 22610, subd. (a); count 7). For counts 1, 2, and 3, it was alleged that defendant was armed with a firearm during the offenses. (§ 12022, subd. (a)(1).) It was further alleged that defendant had a prior strike conviction. (§ 667, subds. (c), (e)(1).) In July 2021, defendant filed a pre-plea motion to dismiss the strike prior allegation pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and section 1385, subdivision (a). The People opposed, and the trial court denied the motion. In September 2021, defendant failed to appear in court on case No. CR2020-0632, and a bench warrant was issued and held for two weeks; when defendant failed to appear again, the trial court issued the bench warrant and set bail. Defendant was later located in Georgia and extradited back to California where he was remanded to county jail pending the outcome of his criminal proceedings. In October 2021, defendant was charged in Yolo County Superior Court case No. CR2021-2987 (case No. CR2021-2987) with failure to appear in case No. CR2020- 0632. (§ 1320.5; count 1.) It was further alleged that defendant was out on bail at the