People v. Lesopravsky CA2/5

Filed 5/7/15 P. v. Lesopravsky CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B258720

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA074488) v.

KENT LESOPRAVSKY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Joseph A. Brandolino, Judge. Affirmed. Michele A. Douglas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Appellant Kent Lesopravsky pleaded no contest to one count of evading an officer in violation of Penal Code1 section 2800.2, subdivision (a), one count of driving under the influence of alcohol or drugs in violation of Vehicle Code section 11352, subdivision (a) and one count of driving under the influence while having a .08 percent or higher blood alcohol content in violation of Vehicle Code section 11352, subdivision (b). Appellant admitted that he had suffered a prior strike conviction within the meaning of sections 1170.12 and 667, subdivision (d). Appellant also admitted that he was released on bail or his own recognizance in another case or cases when the crimes in this case occurred, within the meaning of section 12022.1. In addition, appellant admitted that he had violated probation in case number LA066960, a case which had apparently been transferred from Orange County. Appellant’s plea was entered on May 21, 2014. The trial court continued sentencing for three months, to allow the court in case number PA077147 to determine the disposition in that case. Appellant had entered an open plea in that case. The court in PA077147 ultimately sentenced appellant to a term of eight years in state prison, consisting of the upper term of four years for appellant’s conviction for transportation of marijuana, doubled pursuant to the three strikes law. The court also sentenced appellant to a concurrent term of four years for conviction for evading an officer, consisting of the mid-term of two years doubled pursuant to the three strikes law. Appellant appealed from the judgment in case number PA077147. That judgment was affirmed on March 12, 2015 in case number B257343. On August 21, 2014, the trial court in this matter held a sentencing hearing. Appellant was represented by private counsel, and had been since well before his plea in this matter. The court denied appellant’s motions to continue the hearing and for reappointment of the alternate public defender, finding the request was made for purposes of delay. The court struck appellant’s prior strike conviction and sentenced him to a term of eight months (one-third the mid-term) for his evading conviction, to run consecutively