People v. Warren CA4/3

Filed 10/14/14 P. v. Warren CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050393

v. (Super. Ct. No. FWV1300054)

BOBBIE WARREN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of San Bernardino County, Jon D. Ferguson, Judge. Affirmed. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Warren Williams, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury found defendant Bobbie Warren guilty of one count of petty theft, after which in a bifurcated proceeding defendant admitted he had three prior qualifying theft-related convictions. (Pen. Code, § 666, subd. (a) [substantive offense is petty theft 1 with three prior convictions].) Defendant also admitted eight prior convictions that resulted in prison terms (§ 667.5) and that he was on bail for another crime when he committed the instant offense (§ 12022.1). The trial court sentenced defendant to nine years in prison, comprised of the upper term of three years on the substantive offense, two years for committing a crime while on bail, and four separate one-year enhancements for four of the prior prison terms. We reject defendant’s contentions of instructional error and prosecutorial misconduct, and therefore affirm the judgment.