People v. Levy CA2/7

Filed 10/23/13 P. v. Levy CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B244160

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA050846) v.

JEAN LEVY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles, Michael V. Jesic, Judge. Appeal dismissed. Andrew Reed Flier for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, and Paul M. Roadarmel, Jr. and Nima Razfar, Deputy Attorneys General, for Plaintiff and Respondent.

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Jean Levy appeals from an order denying his motion to dismiss his criminal conviction after successfully completing a California Rehabilitation Center (CRC) commitment. We dismiss the appeal as untimely. PROCEDURAL BACKGROUND In an information filed on January 11, 2006 Levy was charged with pandering (Pen. Code, § 266i, subd. (a)(1)) and pimping (Pen. Code, § 266h, subd. (a)). Levy appeared with retained counsel on November 20, 2006 and entered a negotiated plea of no contest to pandering on condition the trial court stay a three-year sentence and refer him to CRC. At the time of his plea Levy was advised of his constitutional rights and the nature and consequences of his plea, which Levy stated he understood. Defense counsel joined in the waivers of Levy’s constitutional rights. The trial court found Levy’s waivers and plea were voluntary, knowing and intelligent. In accordance with the plea agreement the trial court imposed the lower term of three years in state prison, stayed execution of sentence and referred Levy to CRC for a determination of his eligibility for narcotics addiction treatment. (Welf. & Inst. Code, § 3051.)1 The remaining count was dismissed on the People’s motion. At a March 27, 2007 hearing the trial court found Levy was a narcotics addict, suspended further criminal proceedings and ordered Levy committed to CRC for a period not to exceed three years. Levy was discharged from CRC on April 16, 2008 after successfully completing the treatment program; he was discharged from parole on February 17, 2010. On December 8, 2010 Levy moved to dismiss the pandering charge pursuant to sections 3051 and 3200. In denying the motion the trial court stated Levy had been improperly committed to CRC because the offense of pandering carries a mandatory state prison term. (Pen. Code, § 266i, subd. (a).) Noting Levy had approximately two years remaining on his state prison sentence following his discharge from CRC, the court