People v. Green CA1/1

Filed 12/7/23 P. v. Green CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A167528

v. (Napa County Super. Ct. DEMONE LEE GREEN, SR., No. 21CR001550) Defendant and Appellant.

Defendant Demone Lee Green, Sr. appeals a two-year sentence imposed by the trial court after Green pleaded no contest to one felony count of carrying a dirk or dagger and admitted a prior strike. Green’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. Having done so, we affirm. FACTUAL AND PROCEDURAL BACKGROUND1 Around 12:30 a.m. on May 31, 2021, Napa County Deputy Sherriff Angel Maldonado observed a grey Acura on State Route 29 without a license

The factual summary in this case is taken from the related police 1

report, which ultimately formed the factual basis for Green’s plea.

1

plate. When the deputy initiated a traffic stop, he learned that Green, who had been driving the vehicle, was on parole for assault with a deadly weapon (a knife). After Green was detained and removed from the vehicle, a search of his person disclosed a folding knife in the locked/open position concealed in his rear back pocket. A methamphetamine pipe was also located in the driver’s side map pocket of the vehicle. Green was arrested. On September 16, 2021, the Napa County District Attorney filed an information, charging Green with felony carrying of a dirk or dagger (Pen. Code,2 § 21310, count 1) and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364, count 2). Count one was enhanced with allegations that Green previously had been convicted of a serious or violent felony within the meaning of section 667, subdivisions (b) through (i) (e.g., § 245, subd. (a)(1), 12022.7). Green (who was on supervised release) waived his right to a speedy trial, and several continuances were granted so that defense counsel could explore the possibility of drug court, the impact of new legislation, and Green’s history of childhood trauma and mental illness for use in a possible diversion motion or for sentencing mitigation. On October 31, 2022, defense counsel filed a pleading entitled “Biographical and Mitigating Information Relevant to Settlement Discussions.” On November 2, 2022, the Napa County District Attorney filed the operative amended information in this case, which, in addition to the allegations from the original information, added numerous alleged circumstances in aggravation under California Rules of Court rule 4.421, including that Green was armed with a weapon and that his prior performance on parole was unsatisfactory. On November 4, 2022—after executing a waiver of rights and plea form—Green pleaded no contest to