People v. Britt CA3

Filed 3/24/14 P. v. Britt CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C073560

Plaintiff and Respondent, (Super. Ct. No. 12F04690)

v.

ANTON BRITT,

Defendant and Appellant.

After defendant Anton Britt1 pleaded no contest to several misdemeanors, a jury found him guilty of receiving stolen property and recklessly evading a peace officer. In a bifurcated proceeding, the trial court found true the on-bail sentencing enhancement, and that defendant was previously convicted of robbery in Georgia, which the court also

1 The probation report indicates defendant’s full name as Anton Denee Britt, whereas the name on his final disposition in Georgia is Anton Denee Jackson.

1

found qualified as a serious felony under California law. The trial court then sentenced defendant to an aggregate term of nine years four months in state prison.

On appeal, defendant contends the trial court erred in finding his prior Georgia conviction qualified as a serious felony under California law.

PROCEDURAL BACKGROUND

In September 2012, defendant was charged with first degree residential burglary (Pen. Code, § 459),2 possessing stolen property (id., § 496, subd. (a)), resisting a peace officer (id., § 148, subd. (a)(1)), driving without a valid license (Veh. Code, § 12500, subd. (a)), driving with a suspended license (Veh. Code, § 14601.1, subd. (a)), and recklessly evading a peace officer (Veh. Code, § 2800.2, subd. (a)). The People further alleged defendant committed these offenses while out on bail on an unrelated felony, and was previously convicted of a serious felony.