People v. Chavez CA5

Filed 12/8/14 P. v. Chavez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F067551 Plaintiff and Respondent, (Super. Ct. No. MCR045393) v.

ANGEL ANASTACIO CHAVEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Ernest J. LiCalsi, Judge. Maureen M. Bodo, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Jesse Witt, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Kane, J. and Detjen, J.

Defendant Angel Anastacio Chavez contends (1) the trial court abused its discretion and violated his federal due process rights by failing to dismiss his prior strike conviction and (2) the trial court erred in imposing fines beyond the total amount it pronounced at sentencing. We modify the judgment and affirm. PROCEDURAL SUMMARY On March 19, 2013, the Madera County District Attorney charged defendant with unlawfully taking or driving a vehicle (Veh. Code, § 10851, subd. (a); count 1) and receiving a stolen vehicle (Pen. Code, § 496d, subd. (a);1 count 2). The information further alleged that defendant had suffered a prior serious felony conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served a prior prison term (§ 667.5, subd. (b)). A jury found defendant guilty as charged, and the trial court found both special allegations true. Defendant unsuccessfully requested that the trial court dismiss his prior strike conviction. The trial court sentenced defendant to a four-year prison term on count 1; a four- year term on count 2, stayed pursuant to section 654; plus a one-year term for the prior prison term enhancement.2 The court imposed a $974 fine pursuant to Vehicle Code section 10851, subdivision (a), including penalties.

1 All statutory references are to the Penal Code unless otherwise noted. 2 The abstract of judgment correctly reflects a four-year term on count 1, but the minute order erroneously states a six-year term. This should be corrected to agree with the trial court’s oral pronouncement of sentence.