P. v. Pratt
Filed 8/8/06 P. v. Pratt CA4/2
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. TED DEAN PRATT, Defendant and Appellant. | E039371 (Super.Ct.No. SWF006435) O P I N I O N |
APPEAL from the Superior Court of Riverside County. Sylvia A. Husing, Judge. Affirmed.
Jean Ballantine, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, Christopher P. Beesley, Deputy Attorney General, for Plaintiff and Respondent.
Defendant Ted Dean Pratt was convicted by a jury of possession of methamphetamine and possession of a glass pipe used for smoking methamphetamine. Defendant does not challenge his conviction on these charges. Rather, defendant challenges his conviction on two related counts of failing to appear in order to evade the process of the court. In addition, defendant argues his judgment and sentence should be modified because the trial court imposed an unauthorized sentence.
FACTUAL AND PROCEDURAL HISTORY
During the course of a traffic stop for speeding, defendant consented to a search of his person and vehicle. On defendant's person, the patrol officer found a glass pipe containing a white residue and a small bindle containing white powder. The parties later stipulated there was .29 grams of methamphetamine in the bindle.
Defendant was charged in a two count felony complaint with possession of methamphetamine, a felony, in violation of Health and Safety Code section 11377, subdivision (a), and possession of a device used for unlawfully injecting and smoking a controlled substance, a misdemeanor, in violation of Health and Safety Code section 11364. The felony complaint also alleged one prior offense of residential burglary, a felony, in violation of Penal Code section 459,[1] with a prior prison term within the meaning of section 667.5, subdivision (b).
For more than a year and a half, from January 5, 2004, to October 21, 2005, the record shows numerous court appearances and continuances until trial commenced on November 8, 2005. During this time period, defendant failed to appear for court appearances on April 18, 2005, and July 5, 2005. As a result, an amended information was filed on September 21, 2005, adding two new charges for failing to appear in order to evade the process of the court in violation of section 1320.5.
On November 9, 2005, a jury found defendant guilty of both drug-related charges (counts 1 and 2), as well as willfully failing to appear in court on July 5, 2005 (count 3). The jury found defendant not guilty of willfully failing to appear in court on April 18, 2005 (count 4). The trial court sentenced defendant to a five-year term in state prison.
DISCUSSION
Motion to Dismiss
In pertinent part, section 1320.5 provides as follows: â€
