P. v. Cantu
Filed 8/23/06 P. v. Cantu CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. GEORGE CANTU, JR., Defendant and Appellant. | B182527 (Los Angeles County Super. Ct. No. NA063533) |
APPEAL from a judgment of the Superior Court of Los Angeles County.
Richard R. Romero, Judge. Dismissed.
Jonathan B. Steiner and Ronnie Duberstein, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Michael C. Keller and Jack Newman, Deputy Attorneys General, for Plaintiff and Respondent.
_________________________
George Cantu, Jr., (Cantu) appeals the judgment after his conviction for petty theft. He argues that two stayed prior prison term enhancements under Penal Code section 667.5, subdivision (b)[1] were not supported by sufficient facts. During the pendency of this appeal, the trial court realized that its order staying the enhancements resulted in an illegal sentence. The trial court struck both section 667.5, subdivision (b) enhancements pursuant to a nunc pro tunc order entered on October 18, 2005. Nonetheless, Cantu maintains his appeal and continues to argue that the enhancements must be reversed based on factual insufficiency. Because the prior prison term enhancements are now moot, there is no basis for this appeal.
This appeal is dismissed.
FACTS
The information
Cantu was charged with petty theft with a prior theft related crime (§§ 484, subd. (a), 666). The information alleged: Cantu suffered two felony convictions on January 25, 1990, and one felony conviction on July 30, 1997. He served two prison terms as described within the meaning of section 667.5, subdivision (b) for those offenses. He â€
