People v. Sison CA5

Filed 5/24/24 P. v. Sison CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F086924 Plaintiff and Respondent, (Super. Ct. No. DF017110A) v.

KYLE LEWIS SISON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. J. Eric Bradshaw, Judge. Lindsey M. Ball, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- STATEMENT OF APPEALABILITY This appeal follows a conviction and sentence based on a court-indicated plea agreement. It concerns findings and orders occurring after the plea that do not affect the

* Before Poochigian, Acting P. J., Smith, J. and Snauffer, J.

validity of the plea, which are appealable as the final judgment of the superior court. (Pen. Code,1 § 1237, subd. (a).) STATEMENT OF THE CASE On November 29, 2022, Sison was charged by felony amended complaint with vandalism of a religious facility (§ 594.3, subd. (b); count 1); vandalism causing damage in the amount of $400 or more (§ 594, subd. (b)(1); count 2); and misdemeanor defacement or property in interference with the free exercise of a constitutional right (§ 422.6, subd. (b); count 3). As to counts 1 and 2, the complaint further alleged an enhancement allegation for conduct amounting to a “hate crime” (§ 422.75, subd. (a)). On January 10, 2023,2 proceedings were suspended for purposes of a competency evaluation and determination pursuant to sections 1367 and 1368. On February 7, the trial court found Sison competent to proceed based on a sealed medical report. Sison waived his right to a preliminary hearing on February 21, after which the court bound over all charges and enhancements. The information was filed on March 1, and Sison was arraigned on March 2. On June 12, the trial court indicated it would consider imposing, in exchange for Sison’s no contest plea to all counts, a term of four years. The court agreed to provide Sison the opportunity to make sentencing arguments and to move to withdraw his plea in the event the court determined a term in excess of the indicated four year term was necessary under the facts and the law. The parties were not in agreement concerning the appropriate sentence and understood that the plea agreement was subject to the trial court’s rulings on various sentencing issues. On June 12, the parties entered into a plea agreement whereby Sison pled no contest to counts 1 through 3, and admitted the hate crime enhancements attached to