Filed 3/27/17 P. v. Savage CA1/4
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR


THE PEOPLE,
Plaintiff and Respondent,
v.
WILLIAM SAVAGE,
Defendant and Appellant.

A148726

(Solano County
Super. Ct. No. FCR318756)


Defendant William Savage appeals a judgment entered upon his plea of no contest to felony vandalism (Pen. Code, § 594, subd. (b)(1)) and misdemeanor criminal threats (§ 422). His counsel has filed an opening brief raising no issues and asking this court for an independent review of the record. (People v. Wende (1979) 25 Cal.3d 436.) Defendant has been apprised of his right to personally file a supplemental brief, but he has not done so.
Cynthia S., a stocker at a store in Fairfield, found defendant inside a refrigerator in the warehouse area of the store in December 2015. She asked him what he was doing there, and he replied in a loud and forceful manner, “I’m looking for my momma, bitch. Get out of my way. I’m going to kill you.” He then kicked some boxes. Cynthia S. was scared, and testified that even at the time of the preliminary hearing, she was still frightened. Defendant left the refrigerator, went into the main part of the store, and told a customer he was going to kill him because the customer was looking at him. Cynthia S. called 911, and defendant said he was going to come back and kill all the employees if he went to jail. Defendant left the store and pushed over a large, heavy concrete and gravel trash can, which broke into multiple pieces.
Defendant was charged by information with misdemeanor vandalism (§ 594, subd. (b)(1), count one) and committing felony criminal threats (§ 422, count two). The information also alleged he was ineligible to be sentenced to imprisonment in county jail due to a prior serious or violent felony conviction. (§§ 1170, subd. (h)(3), 1170, subd. (f), & 1385.)
Defendant entered into a plea agreement pursuant to which he would plead no contest to vandalism, amended to be a felony, and criminal threats, amended to be a misdemeanor, with a maximum punishment of three years for the felony and one year for the misdemeanor. After defendant waived his rights and indicated he understood the consequences of his plea, the trial court accepted the plea and found him guilty. The trial court also found he had violated his probation in another case.
At the sentencing hearing, the trial court acknowledged that defendant suffered from mental health problems, but found those issues outweighed by the aggravating factors, including defendant’s lengthy criminal history, multiple prior prison terms, and poor past performance on probation, parole, and community supervision. The court sentenced defendant to the high term of three years in state prison for the felony and a concurrent sentence of time served for the misdemeanor, granted presentence credits, and imposed fines and fees. The trial court issued a certificate of probable cause.
There are no meritorious issues to be argued.
DISPOSITION
The judgment is affirmed.








_________________________
Rivera, J.


We concur:


_________________________
Reardon, Acting P.J.


_________________________
Streeter, J.