People v. Celes CA3

Filed 6/17/14 P. v. Celes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C074447

Plaintiff and Respondent, (Super. Ct. Nos. SF123589A, SF124010A) v.

JASON ALLEN CELES,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). BACKGROUND In case No. SF123589A (the gun case), an information charged defendant Jason Allen Celes with possession of a firearm by a felon (count 1; Pen. Code, § 29800, subd.

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(a)(1));1 possession of ammunition by a person prohibited from owning a firearm (count 2; § 30305, subd. (a)(1)); and unlawful possession of a short-barreled shotgun or rifle (count 3; § 33215). As to each count, the information alleged that defendant had served three prior prison terms. (§ 667.5, subd. (b).) The testimony elicited at the preliminary hearing in the gun case revealed that on April 4, 2013, law enforcement officers found a firearm with a shortened barrel and three shotgun shells at a residence in Stockton where defendant was present; he admitted the shotgun was his. After defendant was held to answer in the gun case, a complaint in case No. SF124010A (the theft case) charged defendant with theft from an elder or dependent adult (count 1; § 368, subd. (d)) and forgery (counts 2 & 3; § 470, subd. (a)). According to the stipulated facts in support of the plea in the theft case, defendant obtained two checks totaling $6,475 from a person over the age of 65, without her consent. The People offered defendant a plea deal, wherein defendant would plead guilty to count 1 of the gun case for the midterm sentence of two years in state prison and count 1 of the theft case, reduced to a misdemeanor, for concurrent time. In return, the People would move to dismiss the remaining charges and allegations from both cases. The trial court made a separate arrangement with defendant, requiring him to first admit two felony charges and his three prior convictions and accept a seven year prison sentence. The court then permitted defendant to withdraw his pleas and re-plead as necessary to achieve the agreed upon aggregate sentence of two years in state prison. This separate agreement was to ensure that defendant returned to court after the 72 hours of release that