People v. Ryan CA3

Filed 2/26/24 P. v. Ryan CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Nevada) ----

THE PEOPLE, C097312 Plaintiff and Respondent, (Super. Ct. No. F20000161B) v.

RICHARD EVERN RYAN,

Defendant and Appellant.

Defendant Richard Evern Ryan pleaded guilty to grand theft in 2021 and the trial court placed him on probation for two years. After finding defendant had violated probation, the trial court terminated probation and sentenced defendant to the middle term of two years in county jail. On appeal, defendant argues the trial court should not have relied on his criminal history in imposing the middle term because that history was not based on a certified record of conviction. We conclude defendant forfeited his challenge by failing to object in the trial court. We will affirm the judgment. BACKGROUND Defendant stole a generator from his former landlord and pleaded guilty to grand theft. (Pen. Code, § 487, subd. (a).)1 The trial court suspended imposition of sentence

1 Undesignated statutory references are to the Penal Code.

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and placed defendant on probation for two years. A probation officer noted in a June 2021 probation report that he had reviewed records pertaining to defendant from the following sources: the California Law Enforcement Telecommunications System (CLETS), the Federal Bureau of Investigation (FBI), the Department of Motor Vehicles (DMV), and the trial court. Review of the records indicated that defendant had multiple convictions, including: (1) a 2003 juvenile disposition for felony grand theft (§ 487); (2) a 2005 juvenile disposition for attempted first degree burglary (§ 459); (3) six misdemeanor convictions between 2009 and 2017; (4) a conviction for second degree burglary in 2017 (§ 459); and (5) four misdemeanor convictions between 2017 and 2021. The probation report noted that defendant had been on probation when he committed the grand theft. Later that year, two police detectives conducted a probation search of defendant at his apartment. They searched defendant’s bedroom and found a significant amount of controlled substances and paraphernalia, including Fentanyl (over 43 grams), a small amount of methamphetamine, and pills in a prescription bottle for Zoloft. They also found a gun. The probation department filed a probation violation report. A probation officer noted in an August 2022 probation report that he had reviewed defendant’s CLETS, FBI, DMV, and local court records and found the same convictions as reported in the June 2021 probation report. The trial court terminated defendant’s probation and sentenced him to county jail for the middle term of two years. The trial court said it selected the middle term because the circumstances in aggravation outweighed the circumstances in mitigation. Specifically, the trial court said defendant took advantage of a position of trust, his prior convictions as an adult or sustained petitions as a juvenile were numerous or increasing in seriousness, he served a prior prison term, he was on two grants of probation at the time of the offense, his prior performance on probation was largely unsatisfactory, and he was