P. v. King CA2/7

Filed 7/30/13 P. v. King CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B244560

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA089529) v.

MARK ANTHONY KING,

Defendant and Appellant.

APPEAL from a judgment and order of the Superior Court of Los Angeles County, Charles D. Sheldon, Judge. Affirmed. Cindy Brines, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Mark Anthony King appeals from the post judgment order revoking probation and sentencing him to 16 months for possession of cocaine. King was charged in an information with possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)),1 unlawful firearm activity (§ 12021, subd. (e)) and possession of cocaine (Health & Saf. Code, § 11350, subd. (a)). The information specially alleged as to all counts King had suffered one serious or violent felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served three separate prison terms for felonies (§ 667.5, subd. (b)). Represented by appointed counsel, King entered a plea of not guilty to the charges and denied the special allegations. Following the denial of his request to have new counsel appointed for him (People v. Marsden (1970) 2 Cal.3d 118), King entered a negotiated plea of no contest to possession of cocaine. In return, King was to be placed on three years of formal probation, on condition he complete 60 days of work for the California Department of Transportation (Caltrans). The remaining charges and special allegations were to be dismissed. The record of the plea hearing established King was advised of and waived his constitutional rights and was advised of and acknowledged he understood the consequences of his plea. Counsel stipulated to a factual basis for the plea. The trial court found King had knowingly, voluntarily and intelligently waived his constitutional rights and entered his no contest plea. In accordance with the plea agreement, imposition of sentence was suspended and King was placed on three years of formal probation, on condition he complete 60 days of work for Caltrans, which was later converted by the court to 60 days of community service, and pay a $40 court security assessment, a $30 criminal conviction assessment, and a $200 restitution fine. The court imposed and suspended imposition of a parole revocation fine pursuant to section 1202.45. The remaining counts and special allegations were dismissed in furtherance of justice.