People v. Corbin CA5

Filed 8/14/14 P. v. Corbin CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F066891

v. (Super. Ct. Nos. CRM023116, CRM024201) JAMES DONALD CORBIN, OPINION Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Merced County. Donald J. Proietti, Judge. Julia J. Spikes, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

 Before Cornell, Acting P.J., Kane, J., and Franson, J.

On June 27, 2012, in Merced County Superior Court case No. CRM023116 (first case), appellant, James Donald Corbin, pleaded no contest to unlawful taking and driving of a vehicle (Veh. Code, § 10851) and admitted enhancement allegations that he had served two separate prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)).1 That same date, the court imposed a four-year sentence under section 1170, subdivision (h)(5)(b), consisting of the two-year midterm on the substantive offense and one year on each of the prior prison term enhancements. The court ordered that appellant serve one year of this sentence in local custody, suspended the remaining three years of the sentence and placed appellant on mandatory community supervision for that period. On August 2, 2012, the court issued a bench warrant for appellant’s failure to appear and for violations of conditions of community supervision. On December 21, 2012, in Merced County Superior Court case No. CRM024201 (second case), a jury acquitted appellant on a charge of assault with a deadly weapon on a peace officer (§ 245, subd. (c); count 1) and the lesser included offense of assault on a peace officer (§ 241, subd. (c)), and convicted him of evading a police officer while driving recklessly (Veh. Code, § 2800.2, subd. (a); count 2) and receiving a stolen motor vehicle (§ 496d, subd. (a); count 3). In a separate proceeding, appellant admitted two prior prison term enhancement allegations (§ 667.5, subd. (b)). These enhancements were based on the same convictions and prison terms underlying the prior prison term enhancements on which sentence was imposed in the first case. On January 23, 2013, the court found that appellant had violated his probation in the first case by virtue of his conviction in the second case. On January 25, 2013, the court imposed sentence in both cases, as follows: In the second case, five years eight