People v. Sims CA3

Filed 7/8/15 P. v. Sims CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C076643

Plaintiff and Respondent, (Super. Ct. No. CM039638)

v.

CHARLIE ANTHONY SIMS, JR.,

Defendant and Appellant.

Defendant Charlie Anthony Sims, Jr., pleaded no contest to unlawfully driving or taking a vehicle. (Veh. Code, § 10851, subd. (a).) The trial court denied his motion to reduce his offense to a misdemeanor pursuant to Penal Code section 17, subdivision (b) (hereafter section 17(b); unless otherwise stated, statutory references that follow are to the Penal Code), and sentenced him to two years in county prison. On appeal, defendant contends the trial court abused its discretion in denying his section 17(b) motion. We affirm the judgment.

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FACTS AND PROCEEDINGS

The facts are taken from the probation report, which includes information obtained from the California Highway Patrol report, and which, as stipulated by the parties, provided the factual basis for defendant’s plea. Just before midnight on October 2, 2013, a California Highway Patrol officer answered a report of a reckless driver in Oroville. He found the reported vehicle and, after pacing it at 70 miles per hour in a 55 mile per hour zone, made a traffic stop. The officer noticed a piece of metal protruding from the ignition. The driver, later identified as defendant, appeared nervous and was unable to provide identification to the officer. When asked for his name and driver’s license, defendant identified himself as “Marvin Webb Lawson,” and gave a date of birth and address that matched that of Mr. Lawson. A records check revealed the vehicle had been reported stolen several days earlier. Defendant was arrested and transported to the Butte County Jail, where a fingerprint check revealed his true identity and it was discovered he had outstanding warrants. Defendant was charged by information with unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a) -- count 1), receiving stolen property (§ 496, subd. (a) -- count 2), false personation (§ 529 -- count 3), and providing false information to a police officer (Veh. Code, § 31 -- count 4). The information alleged he had two prior prison terms within the meaning of section 667.5, subdivision (b). Defendant entered a negotiated plea of no contest to count 1 in exchange for dismissal of the remaining charges with a Harvey waiver (People v. Harvey (1979) 25 Cal.3d 754 (Harvey)). Several months after entry of the plea, the trial court granted defendant’s request to represent himself, but denied his motion to withdraw his plea and his motion to reduce count 1 to a misdemeanor pursuant to section 17(b). The court sentenced defendant to