People v. Deas CA4/2

Filed 7/11/16 P. v. Deas CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E064984

v. (Super.Ct.No. RIF1501402)

CODY DAYNE DEAS, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Richard T. Fields, Judge.

Affirmed.

Raymond M. DiGuiseppe, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant pled guilty to second degree commercial burglary after the effective

date of Proposition 47. He appeals from the trial court’s order denying his petition for

resentencing under Penal Code section 1170.18.1 We affirm.

FACTS AND PROCEDURE

On March 10, 2015, defendant stole a laptop computer from a Costco store. On

April 2, 2015, the People filed a felony complaint charging defendant with second degree

commercial burglary (§ 459) and grand theft (§ 487, subd. (a)). The People alleged