Opinion
A155303
09-30-2019
THE PEOPLE, Plaintiff and Respondent, v. JORDAN JAYLEEN NOTHSTEIN, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Solano County Super. Ct. Nos. FCR328950 & FCR329044)
Defendant Jordan Jayleen Nothstein appeals from the trial court's order sentencing him to state prison after his admission of a probation violation. Nothstein's appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. Having done so, we affirm.
BACKGROUND
In May 2017, Nothstein entered no contest pleas in the two felony proceedings here at issue, as well as in three misdemeanor matters. In case No. FCR328950, he pleaded to one felony count of possession of a controlled substance while armed with a loaded, operable firearm. (Health & Saf. Code, § 11370.1, subd. (a).) In case No. FCR329044, he pleaded to one felony count of unlawful driving or taking a vehicle. (Veh. Code, § 10851, subd. (a).) Imposition of sentence was suspended in both cases, and Nothstein was placed on formal probation for a period of three years with certain terms and conditions. Various fines and fees were imposed.
In January 2018, Nothstein admitted he had violated his probation in both cases by failing to obey all laws after an incident where he was found with shaved vehicle keys used to steal cars. As a consequence, his probation in each of the instant cases was revoked and reinstated with modifications, including 90 days in county jail. Shortly thereafter, in May 2018, Nothstein was again arrested and charged in a new case (No. FCR337745) after he was contacted during a traffic stop and found to be in possession of methamphetamine and driving a U-Haul vehicle that had been reported stolen. His probation was revoked for a second time.
Nothstein admitted a violation of probation for failure to abstain from illegal drugs in both cases on June 4, 2018. In admitting the violation, Nothstein completed a waiver of rights form in which, among other things, he gave up his right to appeal. In return for his admission, the People agreed to a maximum sentence of three years eight months in these two proceedings and dismissal of the new case, No. FCR337745, with a Harvey waiver. (See People v. Harvey (1979) 25 Cal.3d 754, 758-759.)
At sentencing on July 30, 2018, the trial court declined to reinstate probation and sentenced Nothstein to the low term of two years in case No. FCR328950, with a consecutive sentence of one-third of the mid-term (eight months) in case No. FCR329044. The court calculated custody credits and again imposed various fines and fees in both matters. Nothstein timely appealed.
While this appeal was pending, appellate counsel contacted the trial court regarding certain errors in the calculation of presentence custody credits and in the imposition of a restitution fine. Thereafter, Nothstein filed a motion in the trial court pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157, asking that all fines and fees be vacated or stayed due to his indigence. The trial court vacated all of the fines and fees that had been imposed in these matters and corrected Nothstein's custody credits. An amended abstract of judgment was filed on May 2, 2019.
DISCUSSION
Nothstein appealed from the trial court's July 2018 sentencing order. We appointed counsel to represent him in this matter. After examining the record, counsel filed a Wende brief raising no issues on appeal and requesting that we independently review the record. (Wende, supra, 25 Cal.3d 436.) Nothstein was advised by his attorney of the opportunity to file a supplemental brief with this court, but he has not done so. We have examined the entire record and are satisfied that no arguable issue exists. Nothstein waived his right to appeal in connection with his admission to his second probation violation. (See People v. Panizzon (1996) 13 Cal.4th 68, 80, 85 [knowing and intelligent waiver of appeal rights permissible and waives challenges other than to sentencing errors left unresolved by the plea agreement].) The court subsequently sentenced him in accordance with the terms of his plea agreement. Postplea issues with respect to calculation of custody credits and imposition of fines and fees were resolved in the trial court as mandated by Penal Code sections 1237.1 and 1237.2.
DISPOSITION
The judgment is affirmed.
/s/_________
SANCHEZ, J. WE CONCUR: /s/_________
HUMES, P. J. /s/_________
BANKE, J.