People v. Woodward CA5

Filed 8/15/14 P. v. Woodward 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066965

v. (Super. Ct. No. 1452317)

DEAMUS HEATH WOODWARD, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Stanislaus County. Linda A. McFadden, Judge. Tracy Lum, under appointment by the Court of Appeal, for Defendant and Appellant.

 Before Cornell, Acting P.J., Gomes, J., and Chittick, J.† † Judge of the Superior Court of Fresno County, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- Appellant Deamus Heath Woodward was convicted by plea in case No. 1432475 of second degree burglary (Pen. Code, §§ 459, 460, subd. (b))1 and in case No. 1441769 of receiving stolen property (§ 496, subd. (a)). In case No. 1452317 a jury convicted Woodward of taking or driving a vehicle without the owner’s consent (count I/Veh. Code, § 10851, subd. (a)), receiving a stolen vehicle (count II/§ 496d, subd. (a)), resisting arrest (count III/§ 148, subd. (a)(1)), and possession of burglary tools (count IV/§ 466). In a separate proceeding Woodward admitted three prior prison term enhancements (§ 667.5, subd. (b)). On March 8, 2013, the court sentenced Woodward in case No. 1452317 to an aggregate local prison term of seven years six months: the upper term of four years on Woodward’s vehicle theft conviction, a stayed term on his receiving a stolen vehicle conviction, a consecutive six months on his resisting arrest conviction, a concurrent six- month term on his possession of burglary tools conviction, and three prior prison term enhancements. In case No. 1441769, the court recalled the sentence it had imposed in April 2012 and sentenced him to a concurrent middle term of two years. In case No. 1432475, the court revoked probation and sentenced Woodward to a concurrent middle term of two years. On appeal, Woodward contends: (1) his sentence violates section 654’s prohibition against multiple punishment; and (2) the court erred by its failure to state the