People v. Andreas CA3
Opinion
Opinion
Filed 3/17/15 P. v. Andreas 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C076463
Plaintiff and Respondent, (Super. Ct. No. CM040481)
v.
PHILIP MARK ANDREAS,
Defendant and Appellant.
Sentenced to the upper term in state prison following a plea agreement, defendant Philip Mark Andreas contends (1) the trial court abused its discretion by applying improper aggravating factors and failing to consider mitigating factors, and (2) trial counsel was ineffective in failing to object to the court’s reliance on improper aggravating factors. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A felony complaint filed January 29, 2014, charged defendant with stalking (counts 1 & 2; Pen. Code, §…