P. v. Kurpjuweit
Filed 8/21/06 P. v. Kurpjuweit 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. ADAM ARTHUR KURPJUWEIT, Defendant and Appellant. | C050597
(Super. Ct. No. CM020388)
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Defendant Adam Arthur Kurpjuweit pleaded no contest to one count of carrying a loaded firearm in public (Pen. Code, § 12031, subd. (a)(1)).[1] He had previously been convicted of other offenses in Los Angeles County and a consecutive term of imprisonment was imposed for the present Butte County offense under section 1170. Sentenced to an aggregate determinate term of six years eight months in state prison, he appeals. He contends the trial court erred in changing the discretionary decision of the Los Angeles County trial judge in the previous case to make the terms for two offenses concurrent rather than consecutive. The contention has merit and we shall remand the matter for correction of the abstract of judgment to reflect concurrent terms on the relevant Los Angeles convictions or for resentencing.
FACTUAL AND PROCEDURAL BACKGROUND
On February 28, 2005, defendant was sentenced in Los Angeles on two counts of reckless driving while evading a police officer (Veh. Code, § 2800.2, subd. (a)), one count of sale or transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)), and one count of possession of a controlled substance (id., § 11377, subd. (a)). The sale or transportation of a controlled substance offense was designated the principal term. The term for one count of reckless driving was imposed consecutively; the other terms were to run concurrent. The aggregate prison term was four years eight months.
On June 13, 2005, defendant pleaded no contest in this case to one count of carrying a loaded firearm in public in violation of section 12031, subdivision (a). Three other pending counts were dismissed with a waiver under People v. Harvey (1979) 25 Cal.3d 754.
On August 8, 2005, defendant was sentenced. The trial court decided to impose a consecutive term for the carrying a loaded firearm in public offense. The court, following the recommendation of the probation report, again selected the sale or transportation of a controlled substance offense as the principal term. However, it indicated that all of the terms for the other four offenses, including the two which had been imposed concurrently in the Los Angeles proceedings, would be imposed consecutively. The defense asked the court to consider running the term for the present count concurrent â€
