P. v. Ferguson CA5

Filed 8/5/13 P. v. Ferguson CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

Plaintiff and Respondent, F064495

v. (Super. Ct. Nos. 11CM8769 & 11CM8916)

KEVIN ERNEST FERGUSON, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Kings County. James T. LaPorte, Judge. Michael Willemsen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez and Charity S. Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Wiseman, Acting P.J., Kane, J., and Peña, J.

In case No. 11CM8769 appellant, Kevin Ernest Ferguson, pled guilty to receiving stolen property (Pen. Code, § 496, subd, (a))1 and admitted allegations that he had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). In case No. 11CM8916 Ferguson pled guilty to receiving stolen property. On January 17, 2012, the court sentenced Ferguson to an aggregate term of four years eight months in both cases. The court also ordered Ferguson to pay victim restitution of $8,000 in case No. 11CM8769. On appeal, Ferguson contends the court erred in ordering him in case No. 11CM8769 to pay $8,000 in victim restitution. We will find merit to this contention and reverse the court‟s restitution order. In all other respects, we will affirm. FACTS2 On July 15, 2011, Chris Rozzell left this home in Avenal and went to Los Angeles after receiving a report that his father had passed away. On July 17, 2011, Avenal police received a report that Rozzell‟s home had been burglarized. After receiving information that Lisa Tune and Ferguson committed the burglary, an officer contacted Tune as she sat in her car. Tune told the officer she purchased several items that were in her car from eBay and that other items had been left there by Ferguson. The officer then contacted Rozzell and he identified some of the items Ferguson gave to Tune as belonging to him. These items included a reciprocating saw and an NEC brand laptop.