Full Opinion

Filed 10/22/26 P. v. Pomsouvanh CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C104224 Plaintiff and Respondent, (Super. Ct. No. 25CF00318) v. SAMAY TOW POMSOUVANH, Defendant and Appellant. After defendant Samay Tow Pomsouvanh pled no contest to two counts of residential burglary (Pen. Code, § 459) 1 and one count of felon in possession of a firearm (§ 29800, subd. (a)(1)), the trial court sentenced him to a stipulated term of 21 years. Appointed counsel for defendant asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. I. BACKGROUND Defendant’s convictions stem from his involvement in three burglaries that took place between November and December of 2024. The following summary of the facts 1 Undesignated statutory references are to the Penal Code. 1 underlying his convictions is taken from the probation report, which the parties stipulated to as the factual basis for defendant’s plea. On November 19, 2024, the Chico Police Department received a report of a burglary at a residence in Chico. The victim reported that multiple items were stolen from his residence, including a “large scale DeLorean Back to The Future replica (worth $6,075).” On December 2, 2024, the Chico Police Department received a report of another residential burglary involving two victims where thousands of dollars of personal items were stolen. The third burglary took place on December 17, 2024. The victims reported that three firearms were stolen along with $6,900 worth of Christmas gifts. In reviewing surveillance video from one of the burglaries, an investigating officer noticed a Nissan Versa, which was later linked to co-defendant Jantar Kelly Phun. On January 23, 2025, officers from Butte County Sheriff’s Department stopped Phun while she was driving. Inside her vehicle, officers found shoes and sunglasses like the ones worn during the burglaries. They also found multiple pry bars and a sword in the trunk. After transporting Phun to the Chico Police Department for an interview, officers contacted defendant and arrested him. The People charged defendant with two counts of first degree burglary (§ 459— counts 1 and 3), and possession of a firearm by a felon (§ 29800, subd. (a)(1)—count 4). The People also alleged that defendant had two prior strike convictions (§§ 1170.12, subd. (b), 667, subd. (d)) and a prior serious felony conviction (§ 667, subd. (a)(1)). In June 2025, defendant pled no contest to two counts of first degree burglary and one count of felon in possession of a firearm. He also admitted a prior strike conviction and the prior serious felony conviction. The parties agreed to a stipulated sentence of 21 years in state prison. Based on the plea agreement, the trial court sentenced defendant to 21 years and imposed the mandatory minimum fines and fees. The court also ordered restitution to the victims and reserved jurisdiction to determine the amount. Finally, the 2 court awarded defendant 168 actual days credit, and 168 conduct credits for a total of 336 custody credits. Defendant timely appealed. II. DISCUSSION Defendant’s appointed counsel asks this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of his right to file a supplemental brief within 30 days of the filing of the opening brief. He did not file a supplemental brief. Having examined the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant. III. DISPOSITION The judgment is affirmed. /S/ RENNER, J. We concur: /S/ MAURO, Acting P. J. /S/ BOULWARE EURIE, J. 3