People v. McGivens CA4/1

Filed 10/21/13 P. v. McGivens CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063911

Plaintiff and Respondent,

v. (Super. Ct. No. SCD247682)

DAMON A. McGIVENS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County,

Dwayne K. Moring, Judge. Affirmed.

Appellate Defenders, Inc. and Patrick E. DuNah, under appointment by the Court

of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

As part of a plea bargain, Damon McGivens pleaded guilty to one count of

burglary (Pen. Code,1 § 459), admitted one prison prior (§ 667.5, subd. (b)), and one

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

serious/violent felony prior conviction (§ 667, subds. (b)-(i)). The parties stipulated to a

prison term of 44 months. The remaining charges and allegations were dismissed. The

burglary charge arose from McGivens entering a store to commit theft. McGivens was

sentenced in accordance with the plea agreement. McGivens was permitted to represent