People v. Mitchell CA2/5

Filed 3/3/14 P. v. Mitchell CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B244990

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA078788) v.

JADON MITCHELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of the County of Los Angeles, Judith Meyer, Judge. Affirmed. Boyce & Schaefer, Laura G. Schaefer, 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, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, Allison H. Chung, Deputy Attorney General, for Plaintiff and Respondent.

INTRODUCTION On appeal, defendant and appellant Jadon Mitchell (defendant) contends that the sentencing order and abstract of judgment in a case in which he pleaded nolo contendere to committing grand theft of an automobile should be amended to state that his term of imprisonment in that case commenced on the date he was “delivered to the prison” in a subsequent case in which he was sentenced for committing second degree robbery (§ 212.5, subd. (c)). We affirm the order.

PROCEDURAL BACKGROUND Defendant pleaded nolo contendere to grand theft of an automobile (§ 487, subd. (d)(1)) in Los Angeles County Superior Court case number NA078788 (“the grand theft auto case”). The trial court suspended imposition of sentence; defendant was placed on three years of formal probation with several terms and conditions, including serving 21 days in county jail. Thereafter, defendant was subsequently charged with three counts of second degree robbery (§ 212.5, subd. (c)) in Orange County Superior Court case number 08CF3238 (“the robbery case”). The trial court in the grand theft auto case revoked defendant’s probation and issued a bench warrant for defendant’s arrest. Then, in the robbery case, defendant was sentenced to five years in state prison. Defendant filed, in propria persona, in the grand theft auto case, a request for disposition of probation pursuant to section 1203.2a.,1 and a motion for imposition of