P. v. Stanphill CA3

Filed 7/31/13 P. v. Stanphill CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C070449

Plaintiff and Respondent, (Super. Ct. No. 11F04300)

v.

BRENTON CLAY STANPHILL,

Defendant and Appellant.

Defendant Brenton Clay Stanphill was convicted of evading a peace officer with willful and wanton disregard for the safety of others and property (Veh. Code, § 2800.2, subd. (a)), and driving without a valid driver’s license (Veh. Code, § 12500, subd. (a)). He was sentenced to three years in state prison. On appeal, defendant contends his commitment to state prison was error for any one of three reasons: (1) the trial court violated the terms of defendant’s plea agreement by refusing to consider committing defendant to county jail rather than state prison, (2) the trial court erred in committing defendant to state prison rather than county jail; and/or

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(3) defendant received ineffective assistance of counsel during plea negotiations. We affirm the judgment.

FACTS AND PROCEEDINGS In May 2011, defendant was arrested and later charged with evading peace officers with willful and wanton disregard for the safety of others and property (Veh. Code, § 2800.2) and driving without a valid driver’s license (Veh. Code, § 12500). In November 2011, defendant entered into a negotiated plea pursuant to which he agreed to plead no contest to both charges in exchange for a three-year “lid” on his sentence. On February 22, 2012, defendant appeared before the trial court for judgment and sentencing. At that time, the trial court told defendant he would not be serving his sentence in county jail. The trial court told defendant that the crime of felony evading a peace officer was “exempt from [Penal Code section] 1170(h) sentencing,” which requires committing certain felons to county jail to serve their sentence. Defendant’s counsel said her understanding of the law was that, because defendant was not a registered sex offender and had no prior strike convictions, he would serve his sentence in county jail. The court disagreed and sentenced defendant to the three years in state prison. Defendant appeals.