P. v. Nichols

Filed 3/3/06 P. v. Nichols CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Vilia G. Sherman, Judge. Affirmed in part, reversed in part.

Mark L. Christiansen, 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, Lilia E. Garcia, Supervising Deputy Attorney General, and Arlene Aquintey Sevidal, Deputy Attorney General, for Plaintiff and Respondent.

1. Introduction

Defendant and appellant Jeremy Lee Nichols pleaded guilty to numerous counts of burglary and other offenses. He complains on appeal of various sentencing errors. The People concede that some sentencing errors were made. We shall direct necessary corrections to the sentence.

2. Factual and Procedural History

Counts 1, 2, and 36. Jane Barnes was absent from her home for approximately one week. When she returned, she found that the house, the caretaker's house and the barn had been broken into and had items stolen. Over $4,000 had been taken from a desk, a dresser, and a cash box. Her .38-caliber handgun was also stolen. She suspected defendant, the former boyfriend of the horse trainer who worked on the property. These events resulted in charges of burglary (count 1), grand theft of a firearm (count 2) and receiving stolen property, i.e., Barnes's handgun (count 36, plus custody release enhancement).

Counts 3, 4, 5 and 45. Police made a traffic stop of a car in which defendant was riding. Defendant was discovered to have a glass pipe he described as a â€