P. v. Singh
Filed 3/7/13 P. v. Singh 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NOT TO BE PUBLISHED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opinion has not been certified for publication or ordered published for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,
v.
BALRAJ SANGHERA SINGH,
Defendant and Appellant.
C071309
(Super. Ct. No.
CM034516)
Appointed
counsel for defendant Balraj Sanghera Singh has filed an
the case and asks this court to review the record and determine whether there
are any arguable issues on appeal.
name="_ftnref1" title="">[1] (People
v. Wende (1979) 25 Cal.3d 436.)
Finding no arguable error that
would result in a disposition more favorable to defendant, we affirm the
judgment.
We provide
the following brief description of the facts and procedural history of the
case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On May 8, 2011, defendant walked onto the
victim’s property, climbed onto an all terrain vehicle and drove away. The victim and two of his employees gave
chase as defendant recklessly sped away.
Defendant shouted obscenities and refused to stop, nearly causing an
accident on a highway. Defendant drove
into a barn, where the victim and his employees were able to block him in. Defendant attempted to flee on foot and
struck the victim in the face. After a
brief scuffle, the victim and his employees were able to physically restrain
defendant until law enforcement officers arrived.
When
officers arrested and searched defendant, they found concentrated cannabis and
a hypodermic needle in his possession.
Defendant was agitated and, while inside the patrol car, he started
banging his head on the back window. He
appeared to be under the influence of a drug.
On January 10, 2012, defendant pleaded
no contest to vehicle theft (Veh.
Code, § 10851, subd. (a)) and being under the influence of a controlled substance
(Health & Saf. Code, § 11550, subd. (a)).
He also admitted he had served three prior prison terms within the
meaning of Penal Code section 667.5, subdivision (b). In exchange for his plea, additional charges,
a prior strike allegation, and a separate case were dismissed.
Over the
People’s objection, the trial court agreed to postpone sentencing for at least
six months to permit defendant to enter and demonstrate success in a
residential treatment program. Defendant
failed to appear as ordered on February
7, 2012, and had not enrolled in residential treatment. A warrant was issued for his arrest.
On May 15, 2012, the trial court
sentenced defendant to the upper term of three years for vehicle theft (Veh.
Code, § 10851, subd. (a)), a concurrent one year for being under the influence
of a controlled substance (Health & Saf. Code, § 11550, subd. (a)), and
three consecutive one-year terms for the prior prison terms (Pen. Code, §
667.5, subd. (b)), for an aggregate term of six years in
fines and fees and awarded him 235 days of presentence custody credit. (Pen. Code, § 4019.)
Defendant
appeals. He did not obtain a
entire record, we find no arguable error that would result in a disposition
more favorable to defendant.
DISPOSITION
The
judgment is affirmed.
NICHOLSON , Acting P. J.
We concur:
BUTZ , J.
MAURO , J.
name="_ftn1" title="">[1] Defendant was advised by counsel of the right to file a
supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no
communication from defendant.
