People v. Robertson CA3

Filed 12/15/23 P. v. Robertson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Tehama) ----

THE PEOPLE,

Plaintiff and Respondent, C097007

v. (Super. Ct. No. NCR76069)

MICHAEL DEAN ROBERTSON,

Defendant and Appellant.

Appointed counsel for defendant Michael Dean Robertson 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 (Wende).) Because we do not have jurisdiction to consider this matter, we will dismiss the appeal. I On February 5, 2010, defendant pleaded no contest in two Shasta County cases to first degree burglary (Pen. Code, § 459)1 and evading an officer (Veh. Code, § 2800.2),

1 Undesignated statutory references are to the Penal Code.

1

and admitted four prior prison terms (§ 667.5, subd. (b)) and a prior strike conviction. The trial court sentenced defendant to an aggregate 16-year prison term, consisting of the following: as to the burglary conviction, the upper term of six years, doubled to 12 years for the prior strike, plus four years for the four prior prison terms; and as to the evading an officer conviction, a concurrent upper term of three years, doubled to six years for the prior strike conviction. In 2011, in Tehama County, defendant pleaded guilty to four burglary counts (§ 459) and admitted a firearm allegation (§ 12022.5, subd. (a)) and a prior strike conviction. The trial court sentenced defendant to the stipulated term of 30 years in the Tehama case, and as to the Shasta County cases, imposed two years eight months, for a total sentence of 32 years eight months. On April 16, 2018, after receiving a letter from the Department of Corrections and Rehabilitation (CDCR), the Shasta County trial court resentenced defendant but maintained the aggregate 16-year prison term that it had previously imposed. It reimposed the same 12-year term on the burglary conviction plus the four years for the prior prison terms, but dismissed the prior strike admission in connection with the evading an officer conviction and imposed a concurrent middle term of two years on that count. In May 2018, CDCR informed the Tehama County court of a number of problems with the 2011 Tehama County abstract of judgment and also notified the court that the Shasta County court had modified defendant’s Shasta County sentence in April 2018. On August 7, 2018, the Tehama County court corrected defendant’s abstract of judgment. The Tehama court noted that the parties at the 2011 Tehama sentencing hearing appeared to have been unaware of the four prior prison term enhancement allegations, and the Tehama court explained that its order did not address these allegations. The amended abstract of judgment filed in Tehama County on August 7, 2018, did not include prior prison term enhancements. Tehama court staff apparently