People v. Cota CA4/1

Filed 7/19/16 P. v. Cota CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D069371

Plaintiff and Respondent,

v. (Super. Ct. No. SCS276743)

FERNANDO COTA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Stephanie

Sontag, Judge. Affirmed.

Patrick J. Hennessey, Jr., under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A jury found Fernando Cota not guilty of burglary (Pen. Code, § 459)1 but guilty

of the lesser included offense of trespass (§ 602.5). The jury found true the allegation

1 All further statutory references are to the Penal Code.

that a person authorized to be in the dwelling was present within the meaning of section

602.5, subdivision (b). The jury also found Cota guilty of possessing a concealed dirk or

dagger (§ 21310). Cota admitted two prior prison convictions (§ 667.5, subd. (b)). The

court initially sentenced Cota to the upper term of three years on the concealed dirk or