People v. Bourbon CA5

Filed 10/16/15 P. v. Bourbon 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069263 Plaintiff and Respondent, (Super. Ct. Nos. CRL003096, v. CRL004235, CRL009116, CRL011115) RONNIE PAUL BOURBON,

Defendant and Appellant. OPINION

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Harry L. Jacobs, Judge. Richard L. Fitzer, under appointment by the Court of Appeal, for Plaintiff and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

In case No. CRL003096, appellant Ronnie Paul Bourbon pled no contest to receiving stolen property (Pen. Code, § 496, subd. (a))1 and admitted a prior prison term enhancement (§ 667.5, subd. (b)). In case Nos. CRL009116 and CRL004235 he pled no contest in each case to a count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). In case No. CRL011115 Bourbon pled no contest to felony failure to appear (§ 1320.5). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On May 6, 2010, an employee reported that approximately $1,300 worth of brass sprinklers and a basket were taken from a Merced County maintenance yard. Later that day, Bourbon, a former county employee who had recently been fired, recycled loads of 26 pounds and 55 pounds of brass sprinklers at A & S Metals. On May 17, 2010, the district attorney filed a complaint in case No. CRL003096 charging Bourbon with grand theft (count 1) and receiving stolen property (count 2) and a prior prison term enhancement. On February 13, 2013, Bourbon entered into a plea agreement in case Nos. CRL003096, CRL009116, and CRL004235. In case No. CRL003096 Bourbon pled no contest to receiving stolen property and admitted the prior prison term enhancement in exchange for the dismissal of the remaining count and an indicated, aggregate sentence of four years in that case, a three-year term on the substantive offense and a one-year prior prison term enhancement. Per the agreement, Bourbon would spend one year in local custody and three years on community parole. Bourbon also pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) in case No. CRL009116 and to another count of possession of methamphetamine in case No. CRL004235. The plea agreement also provided that the remaining allegations in