People v. Thieman CA5

Filed 10/10/14 P. v. Thieman CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F066072 Plaintiff and Respondent, (Super. Ct. No. BF142380A) v.

JAMIE A. THIEMAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis and Michael G. Bush, Judges.† Carol Foster, 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 Kane, Acting P.J., Poochigian, J., and Franson, J. † Judge Lewis denied appellant’s suppression motion and Judge Bush sentenced appellant.

PROCEDURAL SUMMARY Appellant, Jamie A. Thieman, was charged in an information filed on July 2, 2012, with felony counts of selling, furnishing, or offering to transport methamphetamine (Health & Saf. Code, § 11379, subd. (a), count 1) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 2). Appellant was charged with misdemeanor counts of possession of narcotics paraphernalia (Health & Saf. Code, § 11364.1, count 3) and resisting, delaying, or obstructing a peace officer (Pen. Code, § 148, subd. (a)(1), count 4).1 The information alleged a prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)) and three prior prison term enhancements. The trial court denied appellant’s suppression motion on August 6, 2012. On August 17, 2012, appellant entered into a plea agreement. Appellant initialed and executed a felony advisement of rights, waiver, and plea form acknowledging and waiving his constitutional rights pursuant to Boykin/Tahl.2 Under the terms of the agreement, appellant agreed to admit count 1 and the prior serious felony conviction. Appellant would receive the low term of two years, doubled to four years pursuant to the three strikes law. Appellant pled no contest to count 1, transportation of methamphetamine, and admitted the prior serious felony conviction. The parties stipulated to a factual basis for the plea. The court granted the prosecutor’s motion to dismiss the remaining allegations. On October 10, 2012, the trial court sentenced appellant to the low term of two years, doubled to four years pursuant to the three strikes law. The court granted custody credits for actual time in custody of 132 days plus an additional 132 days of conduct credits for