People v. Jimenez CA3

Filed 2/24/16 P. v. Jimenez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C078167

Plaintiff and Respondent, (Super. Ct. No. CRF142681)

v.

CHRISTOPHER LEE JIMENEZ,

Defendant and Appellant.

A jury convicted defendant Christopher Lee Jimenez of second degree burglary (Pen. Code, § 459; count 3),1 possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 4), and vandalism, a misdemeanor (§ 594, subd. (a); count 5). The jury acquitted defendant of two counts of making criminal threats (§ 422; counts 1 &

1 Undesignated section references are to the Penal Code.

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2). In bifurcated proceedings, the court found a strike prior (§§ 667, subds. (b)-(i), 1170.12) and four prior prison term allegations (§ 667.5, subd. (b)) to be true. At sentencing, the court imposed an aggregate state prison sentence of six years: four years for burglary (the midterm of two years doubled for the strike prior); two years for the prior prison terms (one-year each for two terms and the court struck the other two); a six-month concurrent term for the drug possession offense (the court reduced the offense to a misdemeanor pursuant to Proposition 47 [Prop. 47, as approved by voters, Gen. Elec. (Nov. 4, 2014)]); and a six-month concurrent term for misdemeanor vandalism. Defendant appeals. He contends section 654 bars multiple punishment for misdemeanor vandalism. The People concede. We agree and will modify the judgment, staying the six-month concurrent term imposed for vandalism pursuant to section 654. FACTS About 11:00 p.m. on June 7, 2014, Wayne Ross was headed towards his locked pickup truck parked in the lot of the home improvement store where he worked when he noticed defendant inside of it. Ross and his coworker Osbaldo Ochoa started to run towards the truck and defendant ran away with Ross and Ochoa in pursuit. After defendant threatened them, defendant ran into a dark field with trees. Ross and Ochoa decided not to follow. Officer Mark Flatley arrived and released his canine Bolo to search for defendant. Bolo located defendant, hiding under a tree. Defendant held in his hand a plastic bindle containing methamphetamine. Ross returned to his truck and found that the driver’s side window had been broken. The damage did not exist when Ross parked the truck earlier that day. Ross paid $130 to have the window replaced.