People v. Rowley CA2/6

Filed 10/30/14 P. v. Rowley CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B256150 (Super. Ct. No. 2013037762) Plaintiff and Appellant, (Ventura County)

v.

JEFFREY MARTIN ROWLEY,

Defendant and Respondent.

Jeffrey Martin Rowley pled guilty to two felony counts of second degree burglary of a vehicle (Pen. Code, §§ 459, 460, subd. (b)).1 He admitted having a prior strike conviction for first degree residential burglary (§§ 459, 667, subds. (a)(1) & (b)-(i), 1170.12, subds. (a)-(d)), and serving three prior prison terms (§ 667.5, subd. (b)). The trial court granted Rowley's Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 508 (Romero)) motion to dismiss the prior strike allegation for purposes of sentencing. (§ 1385, subd. (a).) The court orally stated that "this particular offense and the nature of the offense [do not] warrant a lengthier prison sentence than what is about . . . to be imposed." It sentenced Rowley to the low term of 16 months on each count, to be served concurrently, plus a consecutive 12 months for

1 All statutory references are to the Penal Code unless otherwise stated.

one prison prior, for a total term of 28 months. The court struck the other two prison priors and awarded 197 days of custody/conduct credit.2 (§ 4019.) The People contend the trial court improperly dismissed the prior strike conviction allegation without considering Rowley's lengthy, serious and continuous criminal history and without recording its reasons for the dismissal in the court minutes. Rowley concedes the court committed reversible error by failing to enter its reasons for dismissing the prior strike in the minutes. We vacate the sentence and remand with instructions. FACTS In 1993, the juvenile court sustained a petition against Rowley for attempted first degree burglary (§§ 664/459). While still a juvenile, Rowley admitted to vehicle theft. (Veh. Code, § 10851, subd. (a).) In 2000, Rowley was convicted by plea of first degree residential burglary (§§ 459, 460, subd. (a)), the current strike prior. Rowley had entered and ransacked a detached garage, causing a $1,000 loss, and then entered another residence through the kitchen window and stole $970 in property. He was sentenced to a four-year prison term, plus a consecutive eight-month term for a separate conviction of petty theft with a prior (§ 666). After being released on parole, Rowley was convicted of two felony counts of identity theft (§ 530.5, subd. (a)) for stealing and using the victim's credit card to charge approximately $780. The trial court struck Rowley's prior strike allegation and sentenced him to two years in prison. In 2010, Rowley was convicted of forgery (§ 470, subd. (d)). The trial court denied his motion to dismiss the prior strike allegation and sentenced him to 32 months in prison.