P. v. King
Filed 11/5/13 P. v. King CA2/3
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IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
THREE
THE PEOPLE,
Plaintiff and Respondent,
v.
Ivory R. King,
Defendant and Appellant.
B245989
(Los Angeles
County
Super. Ct.
No. MA057833)
APPEAL from
a judgment of the Superior Court
of
County, Steven D. Ogden, Judge. Affirmed.
Cynthia L.
Barnes, under appointment by
the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
Defendant and appellant, Ivory R. King,
appeals from the judgment entered following his plea of no contest to
Code, § 666, subd. (a))
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and his admission he previously had been convicted of residential, first degree
burglary (§ 459) within the meaning of the Three Strikes law (§§ 667, subds.
(b)-(i), 1170.12, subds. (a)-(d)). The
trial court sentenced King to 32 months in state prison. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
1. Facts.
On October 30, 2012, Los
Angeles County deputy
sheriffs responded to a call reporting a grand theft. When the deputies arrived at the location,
they observed King “pushing some tires on a street.†The deputies detained King then found
additional tires, a jack and other equipment in a vacant lot. The tires and other merchandise were
determined to have been taken from the KG Grand American Tire Company and,
after King was placed under arrest, the tires and other items were returned to
the company.
2. Procedural
history.
In a felony
complaint filed on November 1, 2012,
King was charged with one count of petty theft with three priors in violation
of section 666, subdivision (a). It was
alleged King, “who did unlawfully and in violation of . . . section 484[,
subdivision] (a), . . . take and carry away the personal
property of KJ Grand American Tires†had also previously been convicted of and
served prison terms for a burglary committed in 2003, a petty theft with a
prior committed in 2000 and a petty theft with a prior committed in1994. It was further alleged King had suffered two
prior convictions for the serious felony of residential burglary within the
meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds.
(a)-(d)) and previously had been convicted of four counts of burglary and two
counts of petty theft with a prior for which he served prison terms within the
meaning of section 667.5, subdivision (b).
Finally, it was alleged that any sentence imposed in the present matter
was to be served in state prison pursuant to section 1170, subdivision (h)(3).
At
proceedings held on November 1, 2012,
counsel for King indicated King wished to accept the People’s offer. King would, under the terms of the proposed disposition,
plead no contest to count 1, the petty theft with three priors, and admit a
“strike prior,†a conviction for the serious felony of burglary. In exchange for his plea, King would be
sentenced to a total term of 32 months in state prison.
After King
waived his right to a preliminary hearing,
his right to a jury or court trial, his right to subpoena witnesses in his
defense at no cost to him, his right to testify on his own behalf and his right
to remain silent, he pled no contest to “the charge of petty theft, with three
prior convictions†and admitted he had been convicted of a residential burglary
in San Fernando on May 1, 2003.
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The trial court accepted the plea and
admissions and found them “to be free, voluntary, knowing and intelligent.†The court then indicated King had understood
“the consequences of his plea and the waiver of his rights.â€
At the same
proceedings, the trial court denied King a grant of probation and sentenced him
to “the Department of Corrections for the low term of 16 months.†As King had admitted having a prior
conviction which amounted to a strike within the meaning of the Three Strikes
law, the trial court doubled the term to
32 months. The court then awarded King
presentence custody credit for three days actually served and three days of
conduct credit, or six days.
The court
imposed a $720 restitution fine (§ 1202.4, subd. (b)), a stayed $720
parole revocation restitution fine (§ 1202.45), a $40 court operations
assessment (§ 1465.8, subd. (a)(1)), a $30 conviction assessment (Gov.
Code, § 70373), a $10 crime prevention fine (§ 1202.5), a $29 penalty
assessment and a $2 “criminal surcharge.â€
King filed
a timely notice of appeal on December
31, 2012. King also filed a
request for a certificate of probable cause in which he asserted he should have
been charged with attempted petty theft with priors. On January
4, 2013, the trial court denied King’s request for a certificate.
CONTENTIONS
After
examination of the record, appointed appellate counsel filed an opening brief
which raised no issues and requested this court to conduct an independent
review of the record.
By notice
filed July 31, 2013, the
clerk of this court advised King to submit within 30 days any contentions,
grounds of appeal or arguments he wished this court to consider. No response has been received to date.
REVIEW ON APPEAL
We have
examined the entire record and are satisfied counsel has complied fully with
counsel’s responsibilities. (
278-284; People v. Wende (1979) 25
Cal.3d 436, 443.)
DISPOSITION
The
judgment is affirmed.
ALDRICH,
J.
We concur:
KLEIN,
P. J. CROSKEY,
J.
further statutory references are to the Penal Code unless otherwise indicated.
facts have been taken from the probation report.
