People v. King CA2/3

Filed 11/5/13 P. v. King CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B245989

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA057833) v.

IVORY R. KING,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Steven D. Ogden, Judge. Affirmed.

Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, Ivory R. King, appeals from the judgment entered following his plea of no contest to petty theft with three priors (Pen. Code, § 666, subd. (a))1 and his admission he previously had been convicted of residential, first degree burglary (§ 459) within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced King to 32 months in state prison. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts.2 On October 30, 2012, Los Angeles County deputy sheriffs responded to a call reporting a grand theft. When the deputies arrived at the location, they observed King “pushing some tires on a street.” The deputies detained King then found additional tires, a jack and other equipment in a vacant lot. The tires and other merchandise were determined to have been taken from the KG Grand American Tire Company and, after King was placed under arrest, the tires and other items were returned to the company. 2. Procedural history. In a felony complaint filed on November 1, 2012, King was charged with one count of petty theft with three priors in violation of section 666, subdivision (a). It was alleged King, “who did unlawfully and in violation of . . . section 484[, subdivision] (a), . . . take and carry away the personal property of KJ Grand American Tires” had also previously been convicted of and served prison terms for a burglary committed in 2003, a petty theft with a prior committed in 2000 and a petty theft with a prior committed in1994. It was further alleged King had suffered two prior convictions for the serious felony of residential burglary within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and previously had been convicted of four counts of burglary and two counts of petty theft with a prior for which he served prison terms within the meaning of section 667.5, subdivision (b). Finally, it was alleged that any