People v. Flowers CA2/4

Filed 9/18/14 P. v. Flowers CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B249462

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA100017) v.

MICHAEL FLOWERS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas C. Falls and Bruce F. Marrs, Judges. Affirmed. Marilyn Drath, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Susan Sullivan Pithey and Louis W. Karlin, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Michael Flowers appeals from the judgment of conviction. He contends the imposition of three one-year prior prison term enhancements were unauthorized, as he only served two prior prison terms. Appellant also requests that this court independently review the sealed transcript of the in camera proceeding on his motion pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We conclude the sentencing claim is moot, as the trial court has corrected the error. After independently reviewing the Pitchess hearing, we affirm. 1 PROCEDURAL HISTORY In May 2013, following a jury trial, appellant was found guilty of resisting an executive officer by means of threat or violence, in violation of Penal Code 2 section 69. The jury also found true the special allegation that appellant had suffered three prior convictions for purposes of section 667.5, subdivision (b): a 2002 conviction in People v. Flowers (Super. Ct., L.A. County, 2002, No. 054269), a 2004 conviction in People v. Flowers (Super. Ct., L.A. County, 2004, No. 066595), and a 2006 conviction in People v. Flowers (Super. Ct., L.A. County, 2006, No. 074821). In June 2013, the trial court imposed a six-year sentence, consisting of the upper term of three years on the charged count and three one-year prior prison term enhancements under section 667.5, subdivision (b). Appellant timely filed a notice of appeal. On April 29, 2014, appellate counsel requested that the trial court strike one of the section 667.5 enhancements, as appellant had served only two prison terms for the three prior convictions. On