P. v. Phillips CA2/6

Filed 8/7/13 P. v. Phillips CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B244975 (Super. Ct. Nos. MA056166-01, Plaintiff and Respondent, MA057013-01) (Los Angeles County) v.

KRISTAL MARIE PHILLIPS,

Defendant and Appellant.

Kristal Marie Phillips appeals an order revoking probation in case No. MA056166-01, and a judgment after conviction in case No. MA057013-01, after she waived her constitutional rights, admitted violating probation, and pleaded nolo contendere to second degree burglary. (Pen. Code, §§ 459, 460)1 Phillips did not obtain a certificate of probable cause for this appeal. We appointed counsel to represent Phillips in this appeal. After examination of the record, counsel filed an opening brief raising no issues. (People v. Wende (1979) 25 Cal.3d 436, 441.) On June 5, 2013, we advised Phillips that she had 30 days within which to personally submit any contentions or issues that she wished to raise on appeal. On June 26, 2013, we received a response from her contending that 1) insufficient evidence supports the judgment and 2) the trial court abused its discretion by

1 All further statutory references are to the Penal Code unless stated otherwise.

declining to sentence her to a "split sentence" pursuant to section 1170, subdivision (h)(5)(B). Pursuant to People v. Kelly (2006) 40 Cal.4th 106, 123-124, we present a factual and procedural summary of the case and a brief discussion of Phillips's contentions. FACTS AND PROCEDURAL HISTORY On May 22, 2012, Phillips waived her right to a preliminary hearing, waived her constitutional rights, and entered a plea of nolo contendere to the unlawful driving or taking of a motor vehicle. (Veh. Code, § 10851, subd. (a).) Phillips also admitted serving two prior prison terms within the meaning of section 667.5, subdivision (b). Pursuant to a plea agreement, the trial court sentenced Phillips to a five year prison term, suspended execution of sentence, and granted Phillips five years of formal probation. (Case No. MA056166-01.) On August 7, 2012, the prosecutor charged Phillips with one count of second degree burglary, involving her theft of merchandise from a store. (Case No. MA057013-01.) The prosecutor also sought to revoke Phillips's probation in the earlier case. On August 17, 2012, Phillips waived her right to a preliminary examination, waived her constitutional rights, and pleaded nolo contendere to one count of second degree burglary. She also admitted violating probation in the prior case. Pursuant to a plea agreement, the trial court sentenced Phillips to a two-year term to be served concurrently with the five-year term already imposed. The court revoked probation, ordered execution of sentence, imposed various fines and fees, and awarded Phillips 110 days presentence custody credit in case No. MA056166-01, and 78 days credit in case No. MA57013-01. DISCUSSION I. Phillips contends that insufficient evidence supports her second degree burglary conviction.