People v. Schlenvogt CA3

BACKGROUND

While investigating a trespassing complaint, Butte County Sheriff’s deputies searched defendant’s car and his person. On his person, deputies found a concealed fixed-blade knife. Defendant was arrested and charged with possessing a dirk or dagger (Pen. Code, § 21310), along with several other criminal offenses. As a result of the charges, defendant’s probation in Colusa County Superior Court case No. 61844 (case No. 61844) was revoked and he was sentenced to two years in “county prison.” In June 2021, defendant pleaded no contest to carrying a dirk or dagger. In exchange for his plea, the remaining charges were dismissed with a Harvey1 waiver. The trial court sentenced defendant to three years in “county prison,” and a consecutive term of eight months for his conviction in case No. 61844. The court awarded defendant 397 days of custody credit in case No. 61844 and 69 days of custody credit in the current matter. The court also ordered defendant to pay various fines and fees. Defendant appeals without a certificate of probable cause.

DISCUSSION

Counsel filed an opening brief that set forth the facts and procedural history of the case and asked this court to review the…