People v. Stevens CA2/5

Filed 2/3/16 P. v. Stevens CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B265482

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA101531) v.

JAMES CHARLES STEVENS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Affirmed as modified. Lenore De Vita, 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, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, and Nathan Guttman, Deputy Attorney General, for Plaintiff and Respondent.

I. INTRODUCTION

Defendant, James Charles Stevens, pled guilty to three counts of grand theft (Pen. Code, § 484e, subd. (d))1 and one count of forgery (§ 475, subd. (a)). Defendant also admitted prior conviction and prison term allegations were true. (§§ 667, subd. (d), 667.5, subd. (b), 1170.12, subd. (b).) He was sentenced to five years in state prison. We modify the oral pronouncement of judgment with respect to the court operations assessment. We affirm the judgment in all other respects.

II. DISCUSSION

A. Defendant’s Notice of Appeal is Operative

Defendant filed his notice of appeal without securing a probable cause certificate. (§ 1237.5; Cal. Rules of Court, rule 8.304(b).) However, the notice of appeal properly indicates a noncertificate ground for appeal, “This appeal is based on the sentence or other matters occurring after the plea that do not affect the validity of the plea. (Cal. Rules of Court, rule 8.304 (b).)”2 Therefore, defendant’s appeal is operative as to postplea matters. (Rule 8.304(b)(4)(B); People v. Buttram (2003) 30 Cal.4th 773, 780- 781; People v. Jones (1995) 10 Cal.4th 1102, 1105, 1108, disapproved on another point in In re Chavez (2003) 30 Cal.4th 643, 656.) Defendant may assert postplea claims that do not attack the plea’s validity. (Rule 8.304(b)(5); People v. Buttram, supra, 30 Cal.4th at pp. 776, 780; People v. Panizzon (1996) 13 Cal.4th 68, 74-75.)