People v. Brown CA2/2

Filed 6/27/16 P. v. Brown CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B262304

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA061229) v.

CORNELL C. BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Kathleen Blanchard, Judge. Reversed in part, affirmed in part, modified in part and remanded with directions.

Christine M. Aros, 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, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant, Cornell Brown, was found guilty of residential burglary (Pen. Code, § 459; count 10),1 receiving stolen property (§ 496, subd. (a); count 11), three counts of forgery (§ 476; counts 12-14), grand theft of personal property (§ 487, subd. (a); count 24), possession of ammunition (§ 30305, subd. (a)(1); count 26), and unlawful taking or driving of a vehicle (§ 666.5; count 27). Defendant admitted suffering serious and/or violent felonies (§§ 667, subds. (a)-(i), 1170.12, subds. (a)-(d)) and serving a prior prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to a term of 36 years to life plus six years in state prison, consisting of: the middle term of three years doubled to six years on count 27, and 25 years to life on count 10 plus 10 years for two prior serious felony convictions and one year for a prior prison term. Defendant received two-year concurrent sentences on counts 14, 24, and 26, two-year stayed sentences on counts 12 and 13, and a 180-day concurrent sentence on count 11. On appeal, defendant argues that conviction on only one count of forgery was proper because the evidence showed he was engaged in a single criminal plan. We find that defendant was properly convicted of two counts of forgery. In one instance, he used counterfeit money and, in a separate instance, he possessed it. A third count (count 13) was improper, however, because it and count 14 were based on a single act of possession. Defendant further contends that one of the prior serious felony enhancements must be stricken and that the abstract of judgment incorrectly states he received a 16-year determinate sentence for prior convictions and prison terms, points that the People concede are correct. FACTS Facts pertaining to forgery In 2013, Lawrence Johnson advertised his 1998 Pontiac Grand Prix for sale for $1,900. A woman approached him at his house in Lake Los Angeles and said she was