Filed 8/6/26 P. v. Sartain 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication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, C104270
Plaintiff and Respondent,
(Super. Ct. Nos. 23F0763,
v. 24F2710)
JOSHUA DAVID SARTAIN,
Defendant and Appellant.
Appointed counsel for defendant Joshua David Sartain filed an opening brief that
sets forth the facts of this case and asks this court to review the record and determine
whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d
436 (Wende).) Finding no arguable errors that would result in a disposition more
favorable to defendant, we affirm the judgment.
I. BACKGROUND
In 2022, while being processed at a jail, a police officer asked defendant whether
he possessed any drugs, paraphernalia, alcohol, or weapons on his person. Defendant
responded, “No.” During a body scan, officers discovered two baggies inside
defendant’s pants, one appearing to contain fentanyl and the other appearing to contain
methamphetamine.
1
The People charged defendant in case No. 23F0763 with bringing an illegal
substance into a jail facility (Pen. Code, § 4573.5).1 Defendant pled guilty to this
offense. The trial court sentenced defendant to two years’ probation.
In January 2024, the probation department petitioned for revocation of probation,
alleging defendant failed to report to his probation officer. Defendant admitted the
probation violation. The trial court revoked probation, reinstated it, and ordered
defendant to serve 60 days in county jail.
In February 2024, authorities investigated a fire that had occurred on the lawn area
at the rear of a business. Surveillance footage showed defendant starting the fire. When
defendant was later found, he said he started the fire because he was cold.
The People charged defendant in case No. 24F2710 with arson of another’s
property (§ 451, subd. (d)). The People later added a charge of unlawfully causing a fire
of a structure or forest land (§ 452, subd. (c)). Defendant pled no contest to that added
charge and admitted to a violation of probation in case No. 23F0763. The trial court
revoked and reinstated probation in case No. 23F0763, placed defendant on two years’
probation in case no. 24F2710, and ordered defendant to serve 220 days in county jail.
In October 2024, the probation department petitioned for the revocation of
probation in both cases, alleging defendant failed to report to his probation officer.
Defendant admitted to the violations of probation. The trial court revoked probation in
both cases and sentenced defendant to two years (the middle term) for bringing an illegal
substance into a jail facility and a concurrent term of two years (the middle term) for
unlawfully causing a fire of a structure or forest land.
Defendant timely appealed without requesting a certificate of probable cause.
1 Undesignated statutory references are to the Penal Code.
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II. DISCUSSION
Appointed counsel filed an opening brief that sets forth the facts and procedural
history of the case and asks this court to review the record and determine whether there
are any arguable issues on appeal. (See 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 errors that would result in a disposition more favorable to defendant.
Accordingly, we affirm the judgment.
III. DISPOSITION
The judgment is affirmed.
/S/
RENNER, J.
We concur:
/S/
HULL, Acting P. J.
/S/
WISEMAN, J.*
* Retired Associate Justice of the Court of Appeal, Fifth Appellate District, assigned by
the Chief Justice pursuant to article VI, section 6 of the California Constitution.
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