People v. Hernandez CA2/3

Filed 7/9/14 P. v. Hernandez CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B247606

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA093208) v.

RICARDO HERNANDEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Peter P. Espinoza, Judge. Affirmed. Maria Leftwich, 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, Victoria B. Wilson and Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

Defendant and appellant, Ricardo Hernandez, appeals from the revocation of probation and imposition of a three-year prison term arising from his guilty plea to receiving stolen property and possessing burglar’s tools (Pen. Code, §§ 496, 466).1 The judgment is affirmed. BACKGROUND On December 31, 2005, defendant Hernandez and a companion were sitting in a van when they were contacted by a police officer. The companion was arrested on an outstanding warrant and the van was searched. The victim’s checkbook was found between the driver’s seat and the passenger seat. Shaved car keys, commonly used for stealing cars, were found in the companion’s purse. The companion told police Hernandez had handed her the keys when the patrol car pulled up behind them. After Hernandez pled guilty to receiving stolen property and possessing burglar’s tools, the trial court imposed and then suspended execution of a three-year prison sentence and placed Hernandez on probation for three years. Hernandez subsequently violated probation a number of times. On July 22, 2008, he was convicted of grand theft after a DHL driver refused to complete a delivery of some cell phones and Hernandez forcibly took the packages from the driver. This conviction led to the revocation of probation on February 19, 2009, after which probation was reinstated. There were three more probation violations: on September 17, 2010, for a driving under the influence of drugs conviction; on August 10, 2012, for testing positive for methamphetamine; and, on February 22, 2013, for being found in possession of apparently stolen property. Following the last of these probation violations, the trial court revoked probation and executed the original three-year prison sentence.