P. v. Douglas
Filed 5/3/06 P. v. Douglas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. DWAYNE HAYWARD DOUGLAS, Defendant and Appellant. | B184705 (Los Angeles County Super. Ct. No. KA069238) |
APPEAL from a judgment of the Superior Court of Los Angeles County. George Genesta, Judge. Reversed in part and affirmed in part.
Randy S. Kravis, 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, Linda C. Johnson and Carl N. Henry, Deputy Attorneys General, for Plaintiff and Respondent.
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Dwayne Hayward Douglas, also known as Frank Alvarez, appeals from the judgment entered upon his conviction by jury of unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a), count 1) and misdemeanor giving false information to a peace officer (Pen. Code, § 148.9, subd. (a), count 2).[1] Appellant admitted the special allegations that he had suffered a prior felony strike within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i), had served a prior prison term within the meaning of section 667.5, subdivision (b) and had two prior convictions of Vehicle Code section 10851, subdivision (a), within the meaning of section 666.5. The trial court sentenced appellant to an aggregate state prison term of 11 years two months. Appellant contends that (1) his conviction of count 2 must be reversed because the trial court erred in instructing the jury in accordance with CALJIC No. 3.30 that giving false information to a peace officer is a general intent crime, (2) the trial court erred in imposing two consecutive enhancements under section 666.5, and (3) the trial court miscalculated his pretrial credits.
We reverse in part and affirm in part.
FACTUAL BACKGROUND
At approximately 7:30 p.m., on January 4, 2005, Kevin Lee (Lee) and his girlfriend, Karen Yang (Yang), were standing behind their car, outside the Puente Hills Mall loading dock. The car motor was running. Appellant exited the â€
