People v. Neilson CA3

Filed 2/7/24 P. v. Neilson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098407

Plaintiff and Respondent, (Super. Ct. Nos. SCCRCRF2021775, v. SCCRCRF2021776, SCCRCRF2022448) JESSIE DALE NEILSON,

Defendant and Appellant.

Appointed counsel for defendant Jessie Dale Neilson 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 reviewing the entire record and finding no arguable errors that would result in a disposition more favorable to defendant, we affirm the judgment.

1

BACKGROUND This appeal concerns three cases in which defendant entered pleas of no contest. In case No. SCCRCRF2021775 (No. 775), defendant was charged with a felony, making criminal threats against his dating partner, J.L.G. (Pen. Code, § 422, subd. (a);1 count 1), and three misdemeanors consisting of two counts of vandalism (§ 594, subd. (a); counts 2 & 4) and one count of battery on a dating partner (§ 243, subd. (e)(1); count 3). In case No. SCCRCRF2021776 (No. 776), defendant was charged with one felony, attempting to set fire to and burn a vehicle (§ 455, subd. (a); count 1), and two misdemeanor counts of resisting executive officers (§ 69; counts 2 & 3). As to count 1, it was alleged that this offense was a serious felony. (§ 1192.7, subd. (c)(14).) As to all counts, the information alleged defendant was ineligible for probation. (§ 1203, subd. (e)(2).) In case No. SCCRCRF2022448 (No. 448), defendant was charged with two felonies, first degree residential burglary with another person present (§§ 459, 667.5, subd. (c)(21); count 1) and taking a vehicle without the consent of the owner (Veh. Code, § 10851, subd. (a); count 2). The information alleged numerous aggravating factors. (Cal. Rules of Court, rule 4.421.)2 On July 21, 2021, the trial court released defendant on his own recognizance in case Nos. 775 and 776. On October 27, 2021, the trial court issued a bench warrant and forfeited bail in both cases when defendant failed to appear as ordered. On November 10, 2021, defendant appeared, and the trial court recalled and quashed the warrants. On March 27, 2022, defendant allegedly committed the crimes charged in case