People v. Wagner CA1/5

Filed 11/22/24 P. v. Wagner CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE,

Plaintiff and Respondent,

A167339

v. MICHAEL THOMAS WAGNER, (Lake County Super. Ct. No. CR955051) Defendant and Appellant.

In July 2021, pursuant to a plea agreement with a stipulated sentence of 17 years, appellant Michael Thomas Wagner (appellant) entered a plea of no contest to assault with a firearm (Pen. Code, § 245, subd. (a)(2)), with enhancements.1 In August, the trial court sentenced him pursuant to the agreement. In January 2023, appellant filed a motion to recall his sentence. The trial court denied the motion and the present appeal followed. Before we may address the merits of appellant’s claims, we must first determine whether the trial court…