People v. Harvey CA3

Filed 1/30/24 P. v. Harvey CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098831

Plaintiff and Respondent, (Super. Ct. No. CRF20-00365)

v.

JUNIOR GLENOBRIEN HARVEY,

Defendant and Appellant.

Defendant Junior Glenobrien Harvey appeals after the trial court resentenced him in two cases after receiving a letter from the California Department of Corrections and Rehabilitation (CDCR) alerting the court to a possible sentencing error. Defendant’s appointed counsel 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 examining the record, it appears the trial court inadvertently failed to dismiss the remaining charges in one of defendant’s cases after accepting his plea. We shall

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modify the judgment to dismiss the remaining counts as contemplated by the parties. We find no other arguable error that would result in a disposition more favorable to defendant and affirm the judgment as modified. BACKGROUND While driving with his girlfriend in January 2020, defendant punched his girlfriend in the face after they got in an argument. Defendant’s punch resulted in a bloody nose.1 Based on the altercation, in February 2020 defendant was charged in Yuba County case No. CRF2000365 (the Yuba County case) with corporal injury on someone with whom he was in a dating relationship (Pen. Code,2 § 273.5, subd. (a); count I), false imprisonment by violence (§ 236; count II), and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1); count III). He was released on bail. In February 2021, while out on bail in the Yuba County case, a jury found defendant guilty of mayhem (§ 203) in Butte County case No. 20CF03420 (the Butte County case). He was sentenced in March 2021 to four years in state prison with a stayed out-on-bail enhancement of two years under section 12022.1. In August 2021, defendant agreed to plead no contest to the corporal injury offense (count I) in the Yuba County case in exchange for a stipulated low term of two years, to run concurrent to the state prison term defendant was already serving in the Butte County case. Defendant waived a presentence probation report and requested to be sentenced at the hearing. The trial court immediately sentenced defendant to the stipulated two-year term concurrent to the in-progress sentence in the Butte County case. The court imposed a $300 restitution fine (§ 1202.4), a $300 parole revocation restitution fine, which was