People v. Harris CA3

Filed 12/1/14 P. v. Harris CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C071577

Plaintiff and Respondent, (Super. Ct. Nos. CRF11517 & CRF12173) v.

BOB COLBURN HARRIS, JR.,

Defendant and Appellant.

Defendant Bob Colburn Harris, Jr., appeals from a judgment sentencing him to state prison for eight years. He contends the trial court violated Penal Code section 6541 when it imposed punishment for both felon in possession of a firearm (§ 12021, subd. (a)(1)) and unlawful possession of ammunition (§ 12316, subd. (b)(1)). We affirm.

1 Undesignated statutory references are to the Penal Code in effect at the time of the charged offenses.

1

FACTUAL AND PROCEDURAL BACKGROUND In April 2012, in consolidated felony complaint CRF11-517, defendant pleaded guilty to possession of a dirk or dagger (§ 12020, subd. (a)(4) – count 3), possession of a firearm by a felon (§ 12021, subd. (a)(1) – count 4); possession of ammunition by a felon (§ 12316, subd. (b)(1) – count 5), and receiving stolen property (§ 496, subd. (a) – count 6). In exchange for defendant’s pleas, he was guaranteed a maximum prison sentence of no more than five years. Defendant entered a waiver pursuant People v. Cruz (1988) 44 Cal.3d 1247, whereby he would be released on his own recognizance and if he returned to court for sentencing as ordered and had complied with the terms of his release, counts five and six, possession of ammunition by a felon and receiving stolen property, would be dismissed and his resulting sentence would be two years eight months. Defendant failed to appear for sentencing. He was later arrested and charged in a new case, No. CRF12-173, with transportation of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) with an on-bail enhancement (§ 12022.1), and with providing false information to a peace officer (§ 148.9, subd. (a)). On May 30, 2012, defendant pleaded no contest to the methamphetamine transportation charge and admitted the on- bail enhancement in exchange for a term of three years to run consecutive to the sentence that would be imposed in case No. CRF11-517. On June 25, 2012, in case no. CRF11-517, the court imposed an aggregate term of five years, consisting of three years for carrying a concealed dagger, consecutive terms of eight months each for felon in possession of a firearm, felon in possession of ammunition, and receiving stolen property. In case no. CRF12-173, the court imposed the agreed upon three-year consecutive term. The factual basis for defendant’s plea was taken from the Yuba County Sheriff’s Department report no. 11-4397, which is summarized in the probation officer’s report. According to the probation report, deputies searched a shed next to a trailer where