People v. Young CA5

Filed 2/10/15 P. v. Young 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067776 Plaintiff and Respondent, (Super. Ct. Nos. 12CM3268 & v. 13CM0379)

TREVARIO LEE YOUNG, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Peter J. Boldin, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Cornell, J. and Franson, J.

PROCEDURAL AND FACTUAL SUMMARY Appellant, Trevario Lee Young, was charged in a criminal complaint in Kings County case No. 12CM3268, filed on September 10, 2012, with two felony counts of second degree commercial burglary (Pen. Code, § 459).1 The complaint also alleged two prior prison term enhancements (§ 667.5, subd. (b)). On September 17, 2012, appellant entered into a plea agreement, was advised of the consequences of his plea, waived his constitutional rights pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122 (Boykin/Tahl), and pled no contest to one count of commercial burglary and admitted one prior prison term enhancement. On October 16, 2012, appellant was denied probation and sentenced pursuant to section 1170, subdivision (h)(1) and (2) to a local jail term of two years for commercial burglary plus a consecutive term of one year for the prior prison term enhancement. The court ordered that appellant spend half of his sentence in custody and half on community release. Appellant was granted 39 days of actual custody credits, 38 days of conduct credits, for total custody credits of 77 days. Appellant failed to file a timely appeal from this judgment within 60 days. On January 23, 2013, a new criminal complaint was filed in Kings County case No. 13CM0379, alleging that on or about January 8, 2013, appellant attempted to escape custody by force and violence (§ 4532, subd. (b)(2)). On February 21, 2013, appellant entered into a plea agreement, was advised of the consequences of his plea, waived his constitutional rights pursuant to Boykin/Tahl, and pled no contest to the allegation of attempted escape by force or violence.2 Under the