People v. Thomas CA3

Filed 9/25/14 P. v. Thomas CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C075142

Plaintiff and Respondent, (Super. Ct. Nos. CRF 07-4340 & CRF 13-2844) v.

CALVIN ANTHONY THOMAS,

Defendant and Appellant.

On September 26, 2008, defendant Calvin Anthony Thomas pleaded no contest in case No. CRF 07-4340 to three counts of theft or unauthorized use of a vehicle (Veh. Code, § 10851, subd. (a)), three counts of receiving stolen property (Pen. Code, § 496, subd. (a)),1 misdemeanor acquiring an access card without consent (§ 484e, subd. (c)), felony acquiring an access card with intent to defraud (§ 484e, subd. (d)), misdemeanor

1 Undesignated statutory references are to the Penal Code.

1

providing false information to a police officer (§ 148.9, subd. (a)), and admitted two prior prison term allegations (§ 667.5, subd. (b)). On December 5, 2008, the trial court imposed a seven-year state prison sentence, suspended execution of sentence, and placed defendant on five years’ formal probation. On February 3, 2012, the trial court found defendant violated his probation. Sentencing defendant on the same day, the trial court executed the seven-year term, but sentenced defendant pursuant to section 1170, subdivision (h), consisting of 1,640 days in county jail followed by 910 days of mandatory supervision. The People appealed the decision to sentence defendant under section 1170, subdivision (h) rather than executing the previously imposed and stayed state prison term. We modified the sentence to a seven-year state prison term and directed the trial court to prepare an amended abstract reflecting the new sentence, as well as making the necessary arrangements to transfer defendant to state prison. On October 15, 2013, less than two months after we issued our decision in the People’s appeal, defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11378) and admitted a prior strike (§ 667, subd. (c)) in case No. CRF 13-2844. The trial court sentenced defendant to a stipulated term of 16 months in state prison, to be served consecutively to the seven-year state prison term in case No. CRF 07-4340. On appeal, defendant contends there is an error in the abstract and in the minute orders. We affirm. BACKGROUND We dispense with a summary of the facts of defendant’s crimes as they are unnecessary to resolve this appeal. Sentencing defendant in case No. CRF 13-2844, the trial court imposed a $40 court operations assessment (§ 1465.8) and a $30 court facilities fee (Gov. Code,