People v. Segovia CA4/2

Filed 3/5/15 P. v. Segovia CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E061468

v. (Super.Ct.No. FVI1400763)

SALVADOR SIERRA SEGOVIA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

David K. Rankin, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Salvador Sierra Segovia was charged by information with

first degree burglary. (Pen. Code,1 § 459, count 1.) It was alleged that another person,

other than an accomplice, was present in the residence during the commission of the

burglary. (§ 667.5, subd. (c).) Defendant’s case was tried by a jury, but a court declared

a mistrial after finding the jury deadlocked. After a brief recess, defendant entered a plea