People v. Green CA3

Filed 5/15/23 P. v. Green 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication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
(Shasta)
----
THE PEOPLE, C097541
Plaintiff and Respondent, (Super. Ct. No. 22F3028)
v.
SHANE MICHAEL GREEN,
Defendant and Appellant.
Appointed counsel for defendant Shane Michael Green has asked this court to
review the record to determine whether there are any arguable issues on appeal.
(People v. Wende (1979) 25 Cal.3d 436.) After reviewing the entire record, we affirm the
judgment.
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BACKGROUND
Defendant was charged with one count of assault with a deadly weapon (count 1),
two counts of willful infliction of corporal injury on a cohabitant resulting in a traumatic
condition (counts 2 and 3), one count of possession of methamphetamine (count 4), and
one count of possession of drug paraphernalia (count 5). Among other things, defendant
was also alleged to have been previously convicted of two serious or violent felony
offenses, qualifying as “strikes” under the three strikes law. (Pen. Code, §§ 667, subds.
(b)-(i), 1170.12.)
Defendant entered a plea of no contest to count 2 and admitted the two prior strike
convictions. Pursuant to the terms of defendant’s negotiated plea, the trial court
dismissed the remaining charges and allegations with a Harvey waiver (People v. Harvey
(1979) 25 Cal.3d 754) and sentenced him to a stipulated determinate term of eight years
in state prison (middle term of four years, doubled due to one of the prior strikes). While
the facts underlying defendant’s conviction did not make their way into the appellate
record, the parties stipulated that a factual basis could be found in Shasta County
Sheriff’s Office report no. 22F034321. Defendant also admitted his conduct violated the
terms and conditions of his probation, which was previously granted in two misdemeanor
cases; consequently, the court terminated probation in those cases. After sentencing
defendant to the agreed-upon term of imprisonment, the court imposed various fines and
fees, reserved ruling on the matter of victim restitution, and imposed other orders,
including a criminal protective order restraining defendant from any contact with the
victim for a period of 10 years.
Defendant appeals. He did not obtain a certificate of probable cause.
DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening
brief that sets forth the facts and procedural history of the case and requests this court to
review the record and determine whether there are any arguable issues on appeal.
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(People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of his right
to file a supplemental brief within 30 days from the date the opening brief was filed.
More than 30 days have elapsed, and defendant has not filed a supplemental brief.
Having undertaken an examination of the entire record pursuant to Wende, we find no
arguable error that would result in a disposition more favorable to defendant.
Accordingly, we affirm the judgment.
DISPOSITION
The judgment is affirmed.
/s/
Duarte, J.
We concur:
/s/
Hull, Acting P. J.
/s/
Earl, J.
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