People v. Bybee CA4/1

Filed 12/3/14 P. v. Bybee CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D066164

Plaintiff and Respondent,

v. (Super. Ct. No. RIF139205)

DONALD EUGENE BYBEE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Riverside County, Michele D.

Levine, Judge. Affirmed.

Gerald J. Miller, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

In 2008 Donald Bybee was convicted of one count of grand theft of an automobile

(Pen. Code, § 666.5, subd. (a)1/Veh. Code, § 10851) and, in a bifurcated proceeding, the

court found true the allegations that Bybee had been convicted of five offenses for which

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

he served a term in state prison within the meaning of section 667.5, subdivision (b), and

that two of those offenses constituted serious or violent felony strike convictions within

the meaning of sections 667, subdivisions (b) through (i) and 1170.12. After his motion