People v. Tafoya CA4/1

Filed 9/29/14 P. v. Tafoya CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065426

Plaintiff and Respondent,

v. (Super. Ct. No. SCE309223)

RICHARD M. TAFOYA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Lantz

Lewis, Judge. Affirmed.

Avatar Legal and Cynthia M. Jones, under appointment by the Court of Appeal,

for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Richard M. Tafoya entered a negotiated guilty plea to three counts of using

personal identifying information of another (Pen. Code, § 530.5, subd. (a); all statutory

references are to this code) (counts 1, 2 & 6) and one count of second degree burglary

(§ 459) (count 3) and admitted one strike (§ 667 subds. (b)-(i)) and one prior prison term

(§ 667.5, subd. (b)). The court sentenced Tafoya to a stipulated nine years in prison:

four years (twice the middle term) on count one; 16 months each (one third the middle

term, doubled) on the remaining counts; and one year for the prison prior. Tafoya