People v. Townsend CA2/8

Filed 11/2/15 P. v. Townsend CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B263547

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA134182-01) v.

BRIAN JOVELL TOWNSEND,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Joel Wallenstein, Judge. Affirmed.

Juliana Drous, under appointment by the Court of Appeal, for Defendant and Appellant Joel Lopez.

No appearance for Plaintiff and Respondent.

_______________________

Defendant Brian Jovell Townsend appeals from his conviction of possession of a firearm by a felon. Based on our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 442, we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged by felony complaint with possession of a firearm (Pen. Code, § 29800, subdivision (a)(1)) (count 1) and carrying an unregistered, loaded handgun (§ 25850, subd. (a)); prior convictions were alleged pursuant to the Three Strikes law (§ 667, subds. (b)-(i); § 1170.12, subds. (a)-(d)) and section 667.5, subdivision (b).1 While in custody, defendant was tape recorded talking about another gun at his home. After a gun was found in a search of defendant’s home, the People amended the complaint to add a second gun possession charge (count 3). ~RT B4-5; CT 6 et seq.)~ On August 4, 2014, the People dismissed count 3; defendant pled no contest to the original firearm possession charge (count 1) and admitted one Three Strikes prior conviction in exchange for a 32 month sentence (the 16 month low term, doubled pursuant to Three Strikes).2 The plea included a “Cruz waiver,” pursuant to which defendant was released from custody with the understanding that he could face the maximum term sentence of six years if he failed to appear at the sentencing hearing on November 5, 2014.3 On November 5, the trial court granted defendant’s request to continuance the sentencing hearing to December 5, 2014. A bench warrant was issued when defendant failed to appear on December 5, 2014. Defendant appeared on February 17, 2015, and was remanded into custody.