People v. Killebrew CA5

Filed 5/7/14 P. v. Killebrew CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F066871

Plaintiff and Respondent, (Super. Ct. No. BF145238A)

v. OPINION LLOYD GLENN KILLEBREW,

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John W. Lua, Judge. John Hardesty, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Wanda Hill Rouzan, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Gomes, J., and Poochigian, J.

INTRODUCTION

On December 11, 2012, an information was filed against appellant, Lloyd Glenn Killebrew, charging him with felony burglary of an inhabited dwelling house (Pen. Code, § 460, subd. (a), count 1),1 corporal injury of the mother of his child, Patricia Pollard (§ 273.5, subd. (a), count 2), using force or violence to inflict great bodily injury (§ 243, subd. (d), count 3), felony threat of death or great bodily harm (§ 422, count 4), felony attempt to deter an executive officer from the performance of his or her duty (§ 69, count 5), and dissuading a witness by force or threat (§ 136.1, subd. (c)(1), count 6). The information further alleged one prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)), a five-year enhancement for a prior serious felony conviction (§ 667, subd. (a)), six prior prison term enhancements (§ 667.5, subd. (b)), and a great bodily injury enhancement (§ 1022.7, subd. (a)). At his arraignment on December 17, 2012, appellant denied the allegations. The jury trial commenced on February 5, 2013. On February 8, 2013, the jury found appellant not guilty of count 1, burglary, and count 5, deterring an executive officer. The jury convicted appellant of the remaining allegations and found true the great bodily injury allegation. In a bifurcated bench trial, the court found true the remaining special allegations and enhancements. On March 12, 2013, the trial court sentenced appellant to the upper term of four years on count 2, doubled pursuant to the three strikes law to eight years. The court imposed consecutive terms of five years for the great bodily injury enhancement and the prior serious felony conviction enhancement. The court imposed a consecutive term of two years on count six. The court imposed five consecutive terms of one year for five prior prison term enhancements. The court stayed appellant’s sentence on the remaining