People v. Munoz CA2/7

Filed 11/12/13 P. v. Munoz CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B242665

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA072885) v.

ULISES MUNOZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Katherine Mader, Judge. Appeal dismissed. Mary Bernstein, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Stephanie A. Miyoshi and Robert C. Schneider, Deputy Attorneys General, for Plaintiff and Respondent.

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Ulises Munoz purportedly appeals from an order committing him to state prison without requiring he be housed at a facility of the California Department of Corrections and Rehabilitation’s Division of Juvenile Justice (DJJ). We dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND In an information filed on March 10, 2010 Munoz was charged with two counts each of carjacking (Pen. Code, § 215, subd. (a)) and second degree robbery (Pen. Code, § 211) with firearm-use allegations as to each count (Pen. Code, §§ 12022, subd. (a)(1); 12022.53, subd. (b)). Munoz was 17 years old at the time of the offenses and was charged as an adult pursuant to Welfare and Institutions Code section 707, subdivision (d).1 The evidence at the preliminary hearing established in 2009 Munoz and two companions had assaulted a driver and passenger, took the driver’s keys and the passenger’s wallet at gunpoint and fled in the car. Munoz appeared with counsel on July 2, 2010 and entered a negotiated plea of no contest to one count of carjacking in return for a five-year prison sentence and dismissal of the three remaining counts. At the time of Munoz’s plea the prosecutor explained whether Munoz was to be “housed either in an adult or juvenile facility will be up to the Department of Corrections and the judge based upon the applicable law and motions your attorney will make.” Munoz acknowledged that was his understanding of the disposition. At the conclusion of the plea hearing the court granted defense counsel’s request to continue the sentencing hearing to consider the propriety of housing Munoz at a DJJ facility under section 1732.6. At the August 16, 2010 sentencing hearing defense counsel asked the court to order that Munoz be housed at a DJJ facility rather than at state prison. Counsel asserted Munoz was eligible for DJJ housing under section 1732.6. The People did not object. The court sentenced Munoz to the middle term of five years in state prison, and the People dismissed the remaining counts and firearm-use allegations in accordance with the