People v. Amaya CA2/2

Filed 11/3/15 P. v. Amaya CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B261189

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA382238) v.

JUAN CARLOS AMAYA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Kristi Lousteau, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed in part, reversed in part, and remanded with directions.

Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Mary Sanchez and Robert M. Snider, Deputy Attorneys General, for Plaintiff and Respondent.

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In a felony complaint filed by the Los Angeles County District Attorney’s Office, defendant and appellant Juan Carlos Amaya was charged with six counts of second degree commercial burglary with intent to commit larceny, each a violation of Penal Code section 459.1 The burglaries occurred on the premises of six different business establishments, namely party supply stores. According to his preconviction probation report, appellant admitted entering each party supply store and renting tables and chairs without any intention of returning them. Appellant pleaded no contest to all six charges. The trial court accepted the plea and found appellant guilty. He was sentenced to three years formal probation on conditions, including 60 days of work for the California Department of Transportation (Caltrans), and to make direct victim restitution, totaling $4,540.2 On January 26, 2012, appellant failed to appear in court. The trial court revoked his probation and issued a bench warrant. On June 3, 2013, appellant returned to court. On June 17, 2013, he admitted that he was in violation of probation for not reporting to the probation office, not working for Caltrans, and not paying restitution. The trial court reinstated probation and ordered that appellant serve 180 days in the county jail forthwith, with presentence custody credit for 17 days actually in jail and 17 days in conduct credit. He was ordered to report to probation within two days of his release from custody. His work requirement was deleted. On December 2, 2013, appellant again failed to appear in court. The trial court again revoked appellant’s probation and issued a bench warrant. On December 8, 2014, appellant returned to court. About two weeks later, he admitted that he was again in violation for not reporting to probation. He said that he had