People v. Hansen CA5

Filed 6/11/24 P. v. Hansen 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F087225 Plaintiff and Respondent, (Super. Ct. No. CR-23-004592) v.

RAYMOND HANSEN, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Linda A. McFadden, Judge. Vicki Hightower, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P. J., Smith, J. and DeSantos, J.

Appellate counsel for defendant Raymond Hansen, Jr., has filed an opening brief summarizing the pertinent facts and raising no issues but asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) The opening brief also includes a declaration from appellate counsel stating defendant was advised of his right to file a brief of his own with this court. By letter dated February 28, 2024, we also invited defendant to submit additional briefing. While defendant did not file a response to that letter, we are aware of a letter he submitted on February 7, 2024, to this court before his attorney submitted an opening brief. The letter raised issues addressing the sentence he received. We have considered those concerns in our review. Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106, we have reviewed the entire record. Following our Supreme Court’s direction in Kelly, we provide a brief description of the facts and the procedural history of the case. (Kelly, at p. 110.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. PROCEDURAL SUMMARY Following a preliminary hearing, an information was filed on September 27, 2023, charging defendant with making a false bomb report (Pen. Code,1 § 148.1, subd. (c), a felony; count 1), committing vandalism (§ 594, subd. (b)(1), a felony; count 2), and obstructing a business operator (§ 602.1, subd. (a), a misdemeanor; count 3). Attached to counts 1 and 2 were special allegations stating defendant had suffered a prior serious or violent conviction for a homicide or attempted homicide and is subject to an indeterminate term of life imprisonment pursuant to section 667, subdivision (e)(2)(C)(iv). The information further alleged that with respect to counts 1 and 2, defendant had prior convictions for robbery (§ 211) in 1985 and 1990, a