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Filed 8/7/23 P. v. Vansteen 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication 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

(Shasta)

----

THE PEOPLE,

Plaintiff and Respondent,

v.

JOSHUA RAY VANSTEEN,

Defendant and Appellant.

C096924

(Super. Ct. No. 17F3715)

Appointed counsel for defendant Joshua Ray Vansteen filed an opening brief that 

sets forth the facts of the case and asks this court to review the record and determine 

whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 

436.) After reviewing the entire record, we will affirm the judgment. 

We provide the following brief description of the facts and procedural history of 

the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
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I. BACKGROUND

The prosecution charged defendant with possession of a controlled substance for 

sale (Health & Saf. Code, § 11378), transportation of a controlled substance for sale 

(Health & Saf. Code, § 11379, subd. (a)), interception and use of police radio 

communications (Pen. Code, § 636.5), and false evidence of vehicle registration (Veh. 

Code, § 4462.5). 

Defendant filed a motion to suppress evidence under Penal Code section 1538.5, 

arguing evidence of the offenses was obtained in an illegal search of his vehicle. The 

trial court denied the motion. 

Defendant pled no contest to the transportation of a controlled substance for sale 

count. The prosecution dismissed the other counts and the parties stipulated to the factual 

basis in the police report, which explained a police officer had pulled defendant over for 

false registration. The officer used a narcotics detection dog, and the dog alerted to a 

backpack containing an electronic safe. Inside the safe, the officer found a baggie with 

17.3 grams of methamphetamine, a digital scale, and additional baggies. The officer also 

found a police scanner, a counterfeit money scanner, another digital scale, and a large 

amount of cash. As part of the plea agreement, defendant would be placed on formal 

probation with 90 days in county jail. 

Defendant entered a Cruz1 waiver, then failed to appear for probation and for his 

sentencing hearing. He stipulated to a violation of the waiver. On February 14, 2019, the 

court suspended imposition of sentence and placed defendant on a three-year term of 

probation with 120 days in county jail. The court imposed various fines and fees detailed 

in the written probation order.

1 People v. Cruz (1988) 44 Cal.3d 1247.
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Defendant filed a notice of appeal and challenged the order denying the 

suppression motion. This court affirmed the judgment. (People v. Vansteen (Feb. 18, 

2020, C088939) [nonpub. opn.].) 

Defendant violated probation. On January 16, 2020, defendant admitted the 

violation and the court revoked, then reinstated, probation with 90 days in county jail. 

Defendant violated probation again approximately four months later. At the 

April 7, 2021, probation violation hearing, defendant admitted the violation and the court 

again revoked, then reinstated, probation with 60 days in county jail. The parties also 

discussed the term of probation under the newly effective Assembly Bill No. 1950 (2019-

2020 Reg. Sess.), which, among other things, limited the maximum term of probation for 

felony offenses to two years. (Stats. 2020, ch. 328, § 2.) The court agreed with the 

parties that because the term of probation would have been tolled for the current 

probation violation, probation would end on October 26, 2021. 

On October 13, 2021, probation filed a petition alleging another probation 

violation. The court held a contested probation violation hearing on July 28, 2022, and 

sustained the allegation. Defendant challenged the jurisdiction of the court to hold the 

hearing, saying the probation term had expired. The court concluded the probation term 

still had seven months remaining because the term had been tolled each time a probation 

violation was pending. 

At the September 8, 2022, sentencing hearing, the court restated its conclusions as 

to the remaining term, revoked and reinstated probation, and imposed a 90-day sentence 

in county jail. Defendant filed a notice of appeal. 

One month later, the trial court noticed a hearing to recall and resentence 

defendant under Penal Code section 1172.1. At the hearing, the court stated it had erred 

in its sentencing decision. After reviewing the record, the court noted that at the April 7, 

2021, hearing, it had changed the term to end on October 26, 2021, and calculated 

defendant’s remaining probation term by tolling only the time pending for the most 
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recent probation violation petition. At the most recent sentencing hearing, however, the 

court had “reach[ed] back” and tolled the term for the earlier probation violation 

petitions, as well, which the court determined was improper. Accordingly, the court 

revoked and terminated probation, finding defendant was time served. 

II. DISCUSSION

Appointed counsel filed an opening brief that sets forth the facts and procedural 

history of the case and requests this court to review the record and determine whether 

there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) 

Defendant was advised by counsel of his right to file a supplemental brief within 30 days 

from the date the opening brief was filed. More than 30 days have elapsed, and 

defendant has not filed a supplemental brief. 

Having undertaken an examination of the entire record pursuant to People v. 

Wende, we find no arguable error that would result in a disposition more favorable to 

defendant. Accordingly, we will affirm the judgment.

III. DISPOSITION

The judgment is affirmed.

/S/

 

RENNER, J.

We concur:

/S/

 

EARL, P. J.

/S/

 

HULL, J.