People v. Morgan CA4/1

Filed 10/20/14 P. v. Morgan CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D065928

Plaintiff and Respondent,

v. (Super. Ct. No. SCD250949)

KASCELL E. MORGAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter L.

Gallagher, Judge. Affirmed.

John L. Staley, under appointment by the Court of Appeal, for Defendant and

Appellant.

On September 16, 2013, and again on September 18, Kascell E. Morgan entered a

Kohl's store with the intent to commit theft. On the first occasion, he stole shoes. An

information charged Morgan with two counts of second degree burglary (Pen. Code,1

§§ 459, 460, subd. (b)) and one count of misdemeanor petty theft (§ 484) and alleged he

1 All further statutory references are to the Penal Code.

had suffered a strike prior conviction (§§ 667, subds. (b)-(i)). In December, the

prosecutor offered a plea bargain described as "one of the counts of burglary . . . with the

strike for a stipulated sentence of 32 months."