People v. Thammavongsa CA4/1

Filed 6/16/15 P. v. Thammavongsa CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D066197

Plaintiff and Respondent,

v. (Super. Ct. No. SCE339677)

THAVONE THAMMAVONGSA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Evan P.

Kirvin, Judge. Affirmed.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant

and Appellant.

Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,

Charles C. Ragland, Scott C. Taylor, Deputy Attorneys General, for Plaintiff and

Respondent.

Defendant Thavone Thammavongsa stipulated to plead guilty to a burglary charge

(Pen. Code,1 § 459) in exchange for the People dismissing a forgery charge (§ 470, subd.

(d)), and on condition he be sentenced to two years in local prison. On appeal,

Thammavongsa contends the court abused its discretion by declining to impose a split

sentence under section 1170, and failing to state reasons for its ruling. He alternatively

contends his counsel provided ineffective assistance by failing to request a detailed