People v. Staton CA3

Filed 5/20/24 P. v. Staton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C098441

v. (Super. Ct. Nos. 19CF04969, 19CF04989, 20CF03299, MICHAEL JAMES STATON, JR., 21CF03684)

Defendant and Appellant.

Defendant Michael James Staton, Jr., pleaded guilty to various crimes in different trial court cases, and the trial court placed him on probation. When defendant subsequently pleaded no contest to assault by means of force likely to produce great bodily injury, the trial court found him in violation of probation and sentenced him to an aggregate six years in prison, a sentence that included an upper term. This court reversed defendant’s sentence in light of changes in the law and remanded the matter for a resentencing hearing. (People v. Staton (Sept. 16, 2022; C095497) [nonpub. opn.] (Staton).) The trial court imposed the same six-year sentence and defendant again appealed.

1

Appointed counsel for defendant 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. I Defendant pleaded guilty to possession of metal knuckles (Pen. Code, § 21810)1 and misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377) in one case, and in another he pleaded guilty to carrying a dirk or dagger (§ 21310). The trial court placed him on probation for five years in both cases. The cases were transferred to Butte County in 2019. The case involving the metal knuckles offense was renumbered Butte County Superior Court case No. 19CF04989 (case No. 989), and the case involving the dirk or dagger offense was renumbered Butte County Superior Court case No. 19CF04969 (case No. 969). (Staton, supra, C095497.) “In January 2020, defendant admitted violating his probation in both cases (case Nos. 969 and 989) and both grants of probation were modified and reinstated. Later that same year, in Butte County Superior Court case No. 20CF03299 (case No. 299), defendant pleaded no contest to possessing a shuriken. (§ 22410.) In case No. 299, the trial court granted a three-year term of probation; the court modified and reinstated probation in case Nos. 989 and 969.” (Staton, supra, C095497.) Thereafter, in December 2021, defendant pleaded no contest in case No. 21CF03684 (case No. 684) to assault by means of force likely to produce great bodily injury. (§ 245, subd. (a)(4).) (Staton, supra, C095497.) “As a result of defendant’s plea, the trial court found he had violated probation in case Nos. 299, 969, and 989. Prior to sentencing, the assault victim, who had been in a four-year relationship