People v. Wilson CA3

Filed 11/20/23 P. v. Wilson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C098525

Plaintiff and Respondent, (Super. Ct. No. CRF22-01950)

v.

JAMES T. WILSON,

Defendant and Appellant.

Appointed counsel for defendant James T. Wilson 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.) After examining the record, it appears the trial court inadvertently failed to dismiss the remaining charges after accepting Wilson’s no contest plea to a single count. We shall modify the judgment to dismiss the remaining counts. We find no other arguable error that would result in a disposition more favorable to Wilson and affirm the judgment as modified.

1

FACTUAL AND PROCEDURAL BACKGROUND In August 2022, Wilson was pulled over by a Yuba County Sheriff’s deputy while riding a motorcycle in Marysville. During the traffic stop, Wilson informed the deputy that he was on parole. A records check revealed Wilson was on postrelease community supervision out of Sacramento County. A search of Wilson’s backpack revealed a large collapsible baton, two plastic baggies containing substances suspected of being methamphetamine and heroin, several empty plastic baggies, an operable scale, and an eyeglass case containing four hypodermic needles. The following month, Wilson was charged with one count of possession of a billy (count 1), two counts of possession of a controlled substance (counts 2 & 3), and one count of driving at an unsafe speed (count 4). In January 2023, Wilson agreed to plead no contest to count 1 in exchange for a sentence of two years. He signed and initialed a plea form setting forth the terms of the agreement. Although the box on the form indicating the remaining counts would be dismissed was marked with “xx” and not initialed by Wilson, dismissal of these counts appears to have been the intent of the parties. Indeed, this portion of the form indicates that count 2 would be dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754, which was confirmed by the trial court at the plea hearing when it explained to Wilson that a Harvey waiver meant that “even though that count is going to be dismissed, I can consider it for terms related to your sentence . . . .” After receiving required advisements and entering into appropriate waivers, Wilson entered a no contest plea to count 1 and entered a Harvey waiver with respect to count 2. Wilson then stipulated to relevant portions of the factual basis recited by the People, after which the trial court accepted the plea. In March 2023, Wilson was sentenced to the agreed-upon two-year term of imprisonment. The trial court also imposed various fines and fees and awarded custody credits. The trial court did not, however, dismiss the remaining counts, as apparently