People v. Boulazreg CA3

Filed 7/2/15 P. v. Boulazreg CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C077765

Plaintiff and Respondent, (Super. Ct. Nos. 14F5110, 14F2148, 14F5417) v.

NASSIMA GRACE BOULAZREG,

Defendant and Appellant.

Sentenced to an eight-year prison term under a plea agreement, defendant Nassima Grace Boulazreg contends that one fine was improperly imposed. The Attorney General agrees, and so do we. We shall modify the judgment to strike the fine and affirm as modified. FACTUAL AND PROCEDURAL BACKGROUND In case No. 14F2148, an information filed April 24, 2014, charged defendant with second degree commercial burglary (count 1; Pen. Code, § 459),1 receiving stolen

1 Undesignated statutory references are to the Penal Code.

1

property (count 2; § 496, subd. (a)), first degree residential burglary (count 3; § 459), and possession for sale and sale of a controlled substance, Clonazepam (count 4; Health & Saf. Code, § 11375, subd. (b)(1)). As to count 3, the information alleged that a person was present within the meaning of section 667.5, subdivision (c)(21). On July 16, 2014, defendant pleaded no contest to counts 1 and 3 in exchange for a state prison sentence of two years eight months and dismissal of counts 2 and 4. The enhancement allegation was stricken on the People’s motion. In case No. 14F5110, a complaint filed August 21, 2014, charged defendant with robbery (§ 211) and alleged her residential burglary conviction as a strike. On August 27, 2014, defendant failed to appear for sentencing in case No. 14F2148 and arraignment in case No. 14F5110. A bench warrant was issued for her arrest. In case No. 14F5417, a complaint filed September 9, 2014, charged defendant with second degree burglary (§ 459) and alleged that she committed the offense while released on bail (§ 12022.1). On September 17, 2014, the parties agreed on a global disposition. In case No. 14F5110, defendant pleaded no contest to a newly alleged count 2, grand theft (person) (§ 487, subd. (c)), a charge reasonably related to count 1, and admitted an added strike allegation.2 In case No. 14F5417, defendant pleaded no contest to second degree burglary (count 1), and admitted an added strike allegation and the on-bail enhancement. The parties stipulated that defendant’s aggregate sentence would be eight years in state prison. Defendant waived referral to probation and requested immediate sentencing.