People v. Taamai CA3

Filed 10/17/23 P. v. Taamai CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C097526

Plaintiff and Respondent, (Super. Ct. No. 21FE003244)

v.

PENIAMINA TAAMAI,

Defendant and Appellant.

Appointed counsel for defendant Peniamina Taamai 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 independently examining the record, we shall affirm.

1

I. BACKGROUND In April 2021, defendant and codefendant Brent Harding1 were charged in an amended consolidated complaint with first degree robbery (Pen. Code, § 211—count 1)2 while inflicting great bodily injury (§ 12022.7, subd. (a)), and first-degree residential burglary (§ 459—count 2). It was further alleged that defendant had a prior strike conviction (§§ 667, subds., (b)-(i), 1170.12) based on a 2017 first degree residential robbery conviction. Defendant’s bail was originally set at $150,000 and subsequently increased to $2 million. The trial court later denied defendant’s motion to lower bail based on his inability to pay. The trial court ordered defendant held without bail after finding there was clear and convincing evidence that defendant posed a major risk to public safety given his previous home invasion robbery conviction shortly before the current home invasion robbery charges and that no less restrictive conditions short of detention were available. In September 2022, defendant pled no contest to count 1 and admitted the great bodily injury enhancement and the prior strike conviction in exchange for dismissal of count 2 and an aggregate determinate term of 15 years in state prison, including a stipulated upper term of six years, doubled to 12 years for the strike prior, plus three years for the great bodily injury enhancement. The parties stipulated to the following factual basis for the plea: On January 28, 2021, defendant and codefendant Harding unlawfully and by means of force took personal property from the victim; they broke into the victim’s home while he was present, applied force to him causing a head laceration that required four staples and other medical treatment, and stole jewelry, cash, a firearm,