People v. Chatterton CA2/4

Filed 2/19/14 P. v. Chatterton CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B248018

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA071701) v.

MICHAEL ANTHONY CHATTERTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael V. Jesic, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner, Executive Director, and Richard B. Lennon, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Michael Anthony Chatterton was charged with five counts of theft by using a stolen access card (Pen. Code, § 484e, subd. (d)),1 two counts of identity theft (§ 530.5, subd. (a)), two counts of burglary (§ 459), one count of forgery using a stolen access card (§ 484f, subd. (b)), and one count of receiving stolen property (§ 496, subd. (a)).2 It was further alleged that he had suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and a serious felony conviction (§ 1170, subd. (h)(3)), and that he had served a prior prison term (§ 667.5, subd. (b)). Pursuant to a negotiated disposition, defendant pled no contest to one count each of receiving stolen property, using a stolen access card, and identity theft, and admitted his strike conviction. In exchange, he was sentenced to five years, four months in state prison, and the remaining counts and priors were dismissed. Defendant filed a notice of appeal, and sought a certificate of probable cause, which was denied.

BACKGROUND Because defendant waived preliminary hearing, and later pled no contest, we take our brief summary of the facts from the probation report. According to the probation report, defendant was arrested with his codefendant after police received a report of an auto burglary. Defendant was found to be in possession of stolen credit cards and driver’s licenses.