People v. Okerlund CA3

Filed 6/21/16 P. v. Okerlund CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C077719

Plaintiff and Respondent, (Super. Ct. No. CM041718)

v.

LOREN OLIVER OKERLUND,

Defendant and Appellant.

Defendant Loren Oliver Okerlund pleaded no contest to second degree burglary (Pen. Code, § 459)1 and admitted firearm and on bail allegations (§§ 12022, subd. (a)(1); 12022.1). The trial court imposed a six-year eight-month state prison term.

1 Further undesignated statutory references are to the Penal Code.

1

On appeal, defendant contends the trial court erred in sentencing him to state prison rather than county jail pursuant to section 1170, subdivision (h). He also alleges an error in the abstract. As we will explain, we hold that without a certificate of probable cause, defendant cannot raise his first contention and we decline to consider it. Because we agree there is an error in the abstract of judgment, we shall order correction and affirm. BACKGROUND We need not recite the details of defendant’s crimes in order to resolve his claims on appeal. It suffices to say that defendant was charged with second degree burglary and felon in possession of a firearm (§ 29800, subd. (a)(1)), along with firearm, on-bail, and strike allegations. His strike was alleged to be a 1994 residential burglary conviction from the state of Washington which “includes all of the elements of a particular prior as all of the elements of a particular violent felony as defined in subdivision (c) of Section 667.5 or serious felony as defined in subdivision (c) of Section 1192.7.” On August 26, 2014, defendant signed a plea agreement form. The form is extensive, and contains a numbered list of 30 different admissions and other representations with the admonishment to pleading defendants to “initial only in the boxes [preceding] statements that you have read, understand, and with which you agree.” For example, defendant initialed boxes agreeing that he was sober, agreeing to a list of the charges to which he was pleading no contest, and a box marked “(If applicable),” wherein he admitted firearm and on-bail enhancements. He also initialed another box marked “(If applicable),” admitting he was “excluded from County Prison Housing if sentenced to prison.”2 He initialed another box indicating he understood that his