People v. Lozano CA5

Filed 10/1/15 P. v. Lozano 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069287 Plaintiff and Respondent, (Super. Ct. Nos. F12904172 & v. F12906646)

RUBEN LOZANO, Jr., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. William K. Levis. (Retired Judge of the Fresno Sup. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Gabriel C. Vivas, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

In case Nos. F12904172 and F12906646 appellant Ruben Lozano, Jr., pled no contest in each case to a count of petty theft with priors (Pen. Code, § 666),1 admitted a prior prison term enhancement (§ 667.5, subd. (b)), and was sentenced to local time followed by release on mandatory supervised release (MSR). After he violated the terms of his MSR, he was ordered to serve his remaining time in local custody. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On June 6, 2012, adult students at a “DUI” class saw Lozano carrying away one of their bicycles as another man was putting another bicycle in the bed of a pickup. The students surrounded Lozano and he was handcuffed by the class instructor who was also a loss prevention officer (case No. F12904172). On June 8, 2012, the district attorney filed a felony complaint in case No. F12904172 charging Lozano with petty theft with priors and a prior prison term enhancement. On August 6, 2012, Lozano walked out of a Home Depot store with a sink faucet valued at $169 without paying for it. Lozano was detained and told the loss prevention officer that he and a friend would return the merchandise for credit or a gift card. Lozano would then take the card to a business called “Get Cash Now” and exchange it for 68 percent of the card’s value (case No. F12906646). On August 31, 2012, the district attorney filed a felony complaint in case No. F12906646 charging Lozano with commercial burglary (count 1/§ 459), petty theft with priors (count 2), and a prior prison term enhancement. On November 29, 2012, Lozano entered into a plea deal in both cases pursuant to which he pled no contest in case No. F12904172 to petty theft with priors for a lid of two