People v. Hill CA5

Filed 9/2/15 P. v. Hill CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068590 Plaintiff and Respondent, (Super. Ct. No. CRF41810) v.

SCOTT ANTHONY HILL, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. William G. Polley. (Retired Judge of the Tuolumne Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jeffrey D. Firestone, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Detjen, J.

Defendant Scott Anthony Hill was convicted by a guilty plea of possession of an illegal substance in a jail facility (Pen. Code, § 4573.6)1 in exchange for a specified term of six years, the low term of three years, doubled pursuant to the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b)). On appeal, he contends we should remand for resentencing because his aggregate term with his prior four-year term should have been eight years rather than 10 years. The People counter that defendant is estopped from contesting his sentence because he pled guilty in return for a specified sentence. We agree with the People and affirm. DISCUSSION On December 5, 2012, defendant was convicted of possession of an illegal substance in a jail facility (§ 4573.6) in case No. CRF38799. He was serving a four-year term for this conviction when he committed the current offense on June 5, 2013. He initially pled not guilty, but decided to change his plea to guilty. He signed an advisement and waiver of rights form. The following occurred at the plea hearing on October 28, 2013:

“[PROSECUTOR]: … I will represent to the Court it’s my understanding the defendant will plead guilty to the offense of [section] 4573.6 of the Penal Code and will admit the prior strike allegation, subject will be sentenced to a stipulated term of six years[’] state prison consecutive to any other terms he may be serving or have received.