People v. Nittie CA2/7

Filed 6/25/14 P. v. Nittie CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B252618

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA056225) v.

FRANK EDWARD NITTIE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Charles A. Chung, Judge. Affirmed. Eileen M. Rice, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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FACTUAL AND PROCEDURAL BACKGROUND

After his girlfriend reported to police that her jewelry and laptop computer were missing, Frank Edward Nittie admitted that he had taken them from her home and pawned them. On June 12, 2012 the People charged Nittie in an information with one count of residential burglary and one count of commercial burglary in violation of Penal Code section 459. Nittie pleaded not guilty to the charges. On August 12, 2012, after the jury trial had begun, Nittie entered a negotiated plea of no contest to residential burglary (count 1). At the time he entered his plea, the court advised Nittie of his constitutional rights and the nature and consequences of the plea, which he stated he understood. Counsel for Nittie joined in the waivers of Nittie’s constitutional rights. The trial court expressly found that Nittie’s waivers and plea were voluntary, knowing, and intelligent. In accordance with the plea agreement, the trial court sentenced Nittie to the upper term of six years in state prison, suspended execution of sentence, and placed Nittie on five years of formal probation on the condition he perform 30 days of work for the California Department of Transportation (Caltrans). The court awarded Nittie presentence custody credit of 132 days and ordered him to pay a $40 court security fee, a $30 criminal conviction assessment, and a $1,440 restitution fine. The court imposed and suspended a parole revocation fine. The court dismissed the remaining count pursuant to Penal Code section 1385 and the negotiated agreement. At the time of sentencing, Nittie was on summary probation for a 2011 conviction for misdemeanor battery against a cohabitant in violation of Penal Code section 243, subdivision (e)(1) (Los Angeles County Superior Court case No. MA052514). As part of the sentence in this case, the trial court agreed to terminate probation in the misdemeanor case and transfer the probation terms and conditions to this case, including the conditions that Nittie complete a one-year domestic violence program, receive anger management counseling, perform 15 days of community labor, and pay certain fines and fees.