P. v. Tookes
Filed 3/23/06 P. v. Tookes CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. ELROY NATHANIEL TOOKES, JR., Defendant and Appellant. | A110845 (San Mateo County Super. Ct. No. SC058245B) |
Defendant Elroy Nathaniel Tookes, Jr., appeals from imposition of sentence after he pleaded guilty to burglary and admitted several prior felony convictions. Tookes's attorney has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, requesting our independent review of the record.
Background
On March 16, 2005, an information was filed charging Tookes with burglary (Pen. Code, § 460, subd. (a)),[1] receiving stolen property (§ 496, subd. (a)), two counts of being a felon in possession of a firearm (§ 12021, subd. (a)(1)), and two counts of grand theft (§ 487, subd. (d)). The information alleged various prior felony convictions and prison terms. Tookes pleaded not guilty to all counts and denied all of the allegations. On June 30, 2005, he changed his plea to no contest on the burglary count. He admitted five of the prior conviction allegations, two prior prison terms, and the allegation that he was ineligible for probation. The remaining counts were dismissed and in accordance with the agreed disposition Tookes was sentenced to the mitigated term of two years in prison, doubled pursuant to section 1170.12, subdivision (c)(1), plus five years to be served consecutively for the prior serious felony convictions, for a total of nine years in prison.
Discussion
As an initial matter, Tookes failed to obtain a certificate of probable cause from the trial court. Section 1237.5 provides that â€
