People v. Chance CA3

Filed 2/22/24 P. v. Chance CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE,

Plaintiff and Respondent, C098634

v. (Super. Ct. Nos. 17F5886, 19F1132, 19F5154) ALLEN GEORGE CHANCE,

Defendant and Appellant.

Appointed counsel for defendant Allen George Chance 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).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. But based on our review of the record, we will direct the trial court to correct the amended abstract of judgment to reflect the orally imposed presentence credit. I Some of the background is taken from this court’s prior decision in People v. Chance (Nov. 21, 2022, C095645) [nonpub. opn.] (Chance).

1

In case No. 17F5886 (case No. 886), defendant pleaded no contest to assault with force likely to produce bodily injury. (Pen. Code, § 245, subd. (a)(4).)1 The trial court placed him on probation and imposed various fines and fees. In the ensuing years, the probation department filed three petitions to revoke defendant’s probation. (Chance, supra, C095645.) In 2019, the People filed a complaint against defendant in case No. 19F1132 (case No. 132) and another complaint in case No. 19F5154 (case No. 154). In case No. 132, defendant pleaded no contest to infliction of corporal injury on a spouse (§ 273.5, subd. (a)), burglary (§ 459), and violation of a protective order (§ 273.6, subd. (b)). In case No. 154, defendant pleaded no contest to infliction of corporal injury on a spouse (§ 273.5, subd. (a)), criminal threats (§ 422), and assault with force likely to cause great bodily injury (§ 245, subd. (a)(4)). The plea agreement provided that in exchange for his admission that he violated parole in case No. 886, along with his no contest pleas in case Nos. 132 and 154 and a separate misdemeanor case (case No. 20M2497), the trial court would again place him on probation and impose a sentence of eight years four months, the execution of which would be suspended. Consistent with defendant’s Cruz/Vargas2 waiver, the trial court ordered defendant to appear for sentencing on September 3, 2020, and informed him that it could impose the maximum prison sentence of eight years four months if he failed to appear for sentencing. On September 3, 2020, appellant failed to appear. (Chance, supra, C095645.) At a subsequent sentencing hearing, the trial court found various aggravating circumstances applicable, although defendant had only stipulated to three of them: