People v. Lundquist CA5

Filed 10/22/13 P. v. Lundquist CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F065136

v. (Super. Ct. Nos. BF141673A & BF141673B) MARGARET KATHERINE LUNDQUIST et al., OPINION

Defendants and Appellants.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. Linda J. Zachritz, under appointment by the Court of Appeal, for Defendant and Appellant, Margaret Katherine Lundquist. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant, Katonya Lee Fisher. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Wiseman, Acting P.J., Poochigian, J., and Peña, J.

Appellant, Margaret Katherine Lundquist, was sentenced to a two-year local term after she pled no contest to second degree burglary (Pen. Code, § 460, subd. (b))1 and admitted violating her probation in case No. RF006019B. Appellant, Katonya Lee Fisher, was sentenced to a 32-month prison term after she pled no contest to second degree burglary, admitted she violated her probation in case Nos. BM764446A, BF136477A, and RM037135A, and admitted allegations that she had a conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm both judgments. FACTUAL AND PROCEDURAL HISTORY On April 19, 2012, at approximately 3:40 p.m., at a Kmart in Bakersfield, a loss prevention officer saw Lundquist pass a razor blade to Katonya Fisher, which Fisher used to cut the theft prevention cables on some cell phones. Lundquist then concealed the phones in her purse and both women exited the store without paying for them. Both women were arrested by police officers as soon as they exited the store. During a search of Lundquist’s purse an officer found a concealed fixed-blade knife, a glass smoking pipe with white residue on it, stolen cosmetics, and three stolen phones. On April 23, 2012, the district attorney filed a complaint charging Lundquist with second degree burglary (count 1), possession of a concealed dirk or dagger (count 2/§ 21310), receiving stolen property (count 3/§ 496, subd. (a)) and possession of drug paraphernalia (count 4/Health & Saf. Code, § 11364.1). Counts 1 and 3 also alleged that Lundquist personally used a razor blade (§ 12022, subd. (b)(1)) and personally used a knife (§ 12022, subd. (b)(1)) when she committed the offense alleged in each count.