P. v. Patterson CA5

Filed 7/19/13 P. v. Patterson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F063697 Plaintiff and Respondent, (Tulare Super. Ct. Nos. VCF246898, v. VCF252554 & VCF252675)

ANTHONY DEWAYNE PATTERSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Joseph A. Kalashian and Darryl B. Ferguson, Judges.1 David McNeil Morse, under appointment by the Court of Appeal, for Defendant and Appellant.

* Before Cornell, Acting P.J., Gomes, J. and Poochigian, J. 1 Judge Kalashian presided over the June 24, 2011, preliminary examination; Judge Ferguson presided over the jury trial and the October 20, 2011, sentencing hearing.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, William K. Kim and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

INTRODUCTION This appeal presents a single issue: Did defendant effectively enter a no contest plea on June 24, 2011? We conclude that he did, and affirm. PROCEDURAL BACKGROUND Defendant appeals after an alleged no contest plea in Tulare County Superior Court case No. VCF252554. That case was consolidated with Tulare County Superior Court case Nos. VCF246898 and VCF252675. Case No. VCF252554 On May 12, 2011, defendant Anthony Dewayne Patterson (defendant) was charged with one count of possession of methamphetamine in Tulare County Superior Court case No. VCF252554. 2 (Health & Saf. Code, § 1377, subd. (a).) It was further alleged that defendant had one prior strike conviction. (Pen. Code,3 §§ 1170.12, subds. (a)-(d) & 667, subds. (b)-(i)). Case No. VCF246898 On June 9, 2011, an information was filed against defendant in Tulare County case No. VCF246898, alleging possession of methamphetamine for sale (count I; Health & Saf. Code, § 11378); being under the influence of methamphetamine (count 2; Health & Saf. Code, § 11550, subd.(a)); and driving an unregistered motor vehicle (count 3; Veh.

2All future references to trial court proceedings relate to Tulare County Superior Court case No. VCF252554 unless otherwise indicated. 3 All future statutory references are to the Penal Code unless otherwise noted.