P. v. Villela
Filed 8/14/06 P. v. Villela CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. JAVIER VILLELA, Defendant and Appellant. | B185479 (Los Angeles County Super. Ct. No. BA282853) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Robert Perry, Judge. Affirmed.
Jennifer A. Mannix, under appointment by the Court of Appeal for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Keith H. Borjon and Sharlene A. Honnaka, Deputy Attorneys General, for Plaintiff and Respondent.
Javier Villela appeals from judgment entered following a jury trial in which he was convicted of second degree burglary of a vehicle (Pen. Code, § 459) and his admission that he suffered a prior conviction of a serious or violent felony within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). He was sentenced to prison for the upper term of three years doubled pursuant to the Three Strikes law to six years. He contends imposition of an upper term sentence violated Blakely v. Washington (2004) 542 U.S. 296 and his federal constitutional rights to a jury trial pursuant to the sixth amendment and due process pursuant to the fourteenth amendment. For reasons explained in the opinion, we affirm the judgment.
FACTUAL AND PROCEDURAL SUMMARY
The sufficiency of the evidence to support the conviction is not challenged. It will suffice to observe that on April 30, 2005, appellant entered a locked Toyota van belonging to Tan Binh La, parked in a parking lot on North Figueroa Street in Los Angeles, and took a black bag containing $1,000 in cash and personal items. When police thereafter returned the bag to Mr. La, it contained pliers and a screwdriver that did not belong to Mr. La. Also in the bag were its original contents and the van's radio, which Mr. La had not noticed was missing.
At sentencing the court stated it was concerned that appellant had a â€
