People v. Valencia

Filed 5/19/14 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B245709

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA083664) v.

CARLOS ALBERT VALENCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Henry J. Hall, Judge. Affirmed with modifications. Richard Fitzer, 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, Assistant Attorney General, Linda C. Johnson and Elaine F. Tumonis, Deputy Attorneys General, for Plaintiff and Respondent.

* Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of the indicated portions of pages 3-4.

Defendant, Carlos Albert Valencia, appeals from the November 2, 2012 judgment entered after he pled no contest to charges of: forgery; forged prescription; and transportation and possession for sale of hydrocodone and alprazolam. He pled no contest after his motion to suppress evidence was denied by the trial court. Defendant appeals under Penal Code section 1538.5, subdivision (m).1 (People v. Lloyd (1998) 17 Cal.4th 658, 664-665; People v. Panizzon (1996) 13 Cal.4th 68, 74-75.) In the published portion of this opinion, we discuss issues of mootness concerning presentence credits and fines imposed for crimes committed after October 1, 2011. Specified offenses occurring after that date are subject to the 2011 Realignment Legislation. As will be noted, we conclude that any contention concerning inadequate presentence credits is moot. And, we conclude that the prosecutor’s contention concerning inadequate fines, penalties and surcharges is not moot. Accordingly, we modify the judgment to impose additional fines, penalties and surcharges. Filed on July 16, 2012, an information charged defendant with 14 felony counts: forgery (§ 470, subd. (d), count 1); forged prescription (Bus. & Prof. Code § 4324, subd. (a), count 2); drug possession, forged prescription (Bus. & Prof. Code § 4324, subd. (b), count 3); transportation or sale of a controlled substance--hydrocodone, hydromorphone hydrochloride, and promethazine with codeine (Health & Safety Code § 11352, subd. (a), counts 4, 8, 10, 13); possession for sale of a controlled substance--hydrocodone, hydromorphone hydrochloride, and promethazine with codeine (Health & Safety Code § 11351, counts 5, 9, 11); and possession for sale of designated controlled substance— alprazolam and temazepam (Health & Safety Code § 11375, subd. (b)(1), counts 6, 7, 12) As to counts 4, 8, 10 and 13, defendant allegedly offered to sale or sold more than 14.25 gram of a substance containing heroin.