People v. Maki

[Opinion certified for partial publication.

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]

[698]

Counsel

Thomas J. Cooke, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Harley D. Mayfield, Assistant Attorney General, A. Wells Petersen, Frederick R. Millar, Jr., and Raquel M. Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent.

Opinion

WIENER, Acting P. J.

—Donald L. Maki appeals from the judgment entered on the jury verdict convicting him of receiving stolen property (Pen. Code, § 496, subd. I)

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resulting in a loss in excess of $25,000. (§ 12022.6,

[699]

subd. (a).) Maki argues the court erroneously denied his section 1538.5 motion to suppress and challenges the applicability of section 12022.6, subdivision (a). Maki also contends the court improperly imposed three one-year enhancements for three prior separate prison terms (§ 667.5, subd. (b)) and improperly added a consecutive eight-month term to his sentence based on a separate sentence imposed in an earlier case. Maki’s challenge to the enhancements for his prior separate prison terms is based on his argument the five-year “wash out” provision of section 667.5, subdivision (b) survives the enactment of article I, section 28, subdivision (f) of the California Constitution. We accept this argument but reject the others. We therefore reverse the judgment as to the imposition of the section 667.5, subdivision (b) enhancements and otherwise affirm the judgment.

Factual and Procedural

Background