P. v. Madore

Filed 2/22/07  P. v. Madore CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b).  This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  Harold W. Hopp, Judge.  Affirmed.

            David L. Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and Respondent.

            A one-count information filed by the Riverside County District Attorney charged defendant with commercial burglary, a violation of Penal Code section 459.  It further alleged that appellant served a prior prison term for the crime of arson of a structure, a violation of Penal Code section 452, subdivision (c), and was released less than five years before committing the offense charged in count 1, within the meaning of Penal Code section 667.5, subdivision (b).

            At the conclusion of defendant's jury trial, he was convicted as charged, and the allegation regarding a prior prison term was admitted by the defendant and found true by the court.

Thereafter, on March 24, 2006, defendant was committed to state prison for 2 years 4 months and awarded the appropriate custody credits.

Facts

On November 10, 2005, defendant walked into the Circle K market in Lake Elsinore, wrote an IOU note to the clerk of the market and walked out of the market with a cup of coffee and tub of ice cream valued at $5.38.  The note stated, â€