People v. Bower CA3

Filed 6/3/24 P. v. Bower CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C098340

Plaintiff and Respondent, (Super. Ct. Nos. 62-160489, 62-173852C, 62-188402, v. 62-161600, 62-181294, 62-179560) DOUGLAS WES BOWER,

Defendant and Appellant.

Appointed counsel for defendant Douglas Wes Bower asks this court to review the record in six cases and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable errors that would result in a disposition more favorable to defendant, we affirm the judgments. However, we direct the trial court to correct the minute orders and abstracts of judgment to indicate defendant was convicted of possession of a controlled substance, not possession of ammunition, in case No. 62-173852C (No. 852C).

1

FACTUAL AND PROCEDURAL BACKGROUND In 2018, defendant possessed and cultivated 22 cannabis plants. The prosecution charged defendant in case No. 62-160489 (No. 489) with cultivating cannabis and in case No. 62-161600 (No. 600) with preparing false documentary evidence. As part of a negotiated disposition for these cases, defendant pled no contest to cultivating cannabis as a felony and giving false information to a police officer as a misdemeanor. The trial court sentenced defendant to three years of probation. In 2019, probation violations were alleged in these cases and the court summarily revoked defendant’s probation. In 2020, a hypodermic needle containing methamphetamine was found during a probation search of defendant’s residence. In May 2021, a methamphetamine pipe and methamphetamine were found in defendant’s home during a probation search. And then in August 2021, defendant used a concealed rubber syringe to submit fake urine for a urine sample. As a result, the prosecution brought charges against defendant in three new cases; case No. 852C, case No. 62-179560 (No. 560), and case No. 62-181294 (No. 294). Defendant reached a global resolution for the three new cases as well as the probation violations in the earlier cases. At the change of plea hearing, defendant pled guilty to possession of a controlled substance in both case No. 852C and case No. 560 and admitted several aggravating circumstances. However, the minute order from this hearing and the abstract of judgment indicate defendant pled guilty to being a prohibited person in possession of ammunition in case No. 852C, not possession of a controlled substance. Defendant also pled guilty to preparing false documentary evidence in case No. 294 and admitted to the probation violation in case No. 489. The trial court sentenced him to the upper term of three years in case No. 852C; one-third of the middle term (eight months) in case No. 294; and one-third of the middle term (eight months) in case No. 560. The trial court terminated probation in case No. 489 and sentenced defendant to one-third the middle term (eight months). The total aggregate term was five