People v. Lewis CA3

Filed 1/19/24 P. v. Lewis CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Siskiyou) ----

THE PEOPLE, C097938

Plaintiff and Respondent, (Super. Ct. Nos. SCCR-CRF- 2020-348, SCCR-CRF-2021- v. 376)

ADAM CHRISTIAN LEWIS,

Defendant and Appellant.

Defendant Adam Christian Lewis resolved three pending criminal matters via a global plea agreement in which he pleaded guilty or no contest to multiple offenses in exchange for a stipulated 15-year term in state prison and dismissal of the remaining charges. Appointed counsel for defendant 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 (Wende).)

1

After examining the record, it appears the trial court inadvertently failed to dismiss the remaining charges in all three cases after accepting defendant’s guilty or no contest pleas under the global plea agreement. We shall modify the judgment to dismiss the remaining counts as contemplated by the parties. We have also discovered errors in the abstract of judgment that we shall order be corrected. We find no other arguable error that would result in a disposition more favorable to defendant and affirm the judgment as modified.

FACTS AND HISTORY OF THE PROCEEDINGS In July 2019, defendant was charged in Siskiyou County case No. 19-1220 (case No. 1220) with two felonies: conspiracy to commit theft (Pen. Code §§ 182, subd. (a)(1), 484, subd. (a), 487, subd. (a) & 488 [count 1], statutory section citations that follow are found in the Penal Code unless otherwise stated); possession of a billy or blackjack (§ 22210 [count 2]); and three misdemeanors: prohibited interception of public safety communication (§ 636.5 [count 3]); resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1) [count 4]); and possession of a smoking device (Health & Saf. Code, § 11364, subd. (a) [count 5]). Defendant was released on his own recognizance. In March 2020, defendant was charged in Siskiyou County case No. 20-348 (case No. 348) with three counts of assault with a deadly weapon (§ 245, subd. (a)(1), count 1 [against M.M. with a baseball bat], count 3 [against L.S. with a baseball bat] & count 6 [against E.L. with a motor vehicle]); three counts of assault by means likely to produce great bodily injury (§ 245, subd. (a)(4), count 2 [M.M.], count 4 [L.S.] & count 7 [E.L.]); first degree felony burglary with a nonaccomplice present (§§ 459, 667.5, subd. (c)(21), count 5); and possession of a deadly weapon, a crossbow, with the intent to assault another (§ 17500; count 8). For counts 1 and 2, it was alleged that defendant personally inflicted great bodily injury (§ 12022.7, subd. (a)), and for counts 1 through 7 it was alleged that defendant was released from custody on bail or his own recognizance in case