P. v. Cooley
Filed 7/28/06 P. v. Cooley CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. MICHAEL G. COOLEY, Defendant and Appellant. | C050277
Super. Ct. Nos. 04F11403 04F11136 05F01307
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After pleading guilty to several computer-related theft charges, defendant Michael G. Cooley was sentenced to a total term of six years in state prison.
On appeal, he contends the trial court erred by failing to refer him for an evaluation to determine if he should be confined to the California Rehabilitation Center (CRC) pursuant to Welfare and Institutions Code section 3051.
The People respond that the court did not err because, at the time of his sentencing in the instant case, defendant was serving a federal prison sentence for violating probation, and was ineligible for CRC.
We agree that the court should have stated its reason for refusing defendant's request to initiate commitment proceedings (People v. Granado (1994) 22 Cal.App.4th 194, 201-202), but we find the error harmless because the court was without jurisdiction to initiate commitment proceedings for a defendant already in federal custody. (People v. Superior Court of San Diego County (Syvinski) (1970) 2 Cal.3d 527, 531-532.) We shall affirm the judgment.
BACKGROUND
Defendant entered negotiated guilty pleas to the following seven crimes, in exchange for a total prison sentence of six years and the dismissal of other pending charges:
(1) In case No. 04F11403: receiving stolen property (Pen. Code, § 496, subd. (a));
(2) In case No. 04F11136: obtaining another's identifying information for an unlawful purpose (Pen. Code, § 530.5, subd. (a)); and
(3) In case No. 05F01307: committing computer fraud (Pen. Code, § 502, subd. (c)(1)), acquiring four or more access cards with intent to defraud (Pen. Code, § 484e, subd. (b)), while free on bail (Pen. Code, § 12022.1), and three counts of obtaining another's identifying information for an unlawful purpose (Pen. Code, § 530.5, subd. (a)).
After defendant entered his pleas, but before sentence was pronounced, defendant addressed himself to the court: â€
