People v. Floyd CA2/1

Filed 8/24/16 P. v. Floyd CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B269433

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA092662) v.

TERELL FLOYD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Alan B. Honeycutt, Judge. Affirmed. Terrell Floyd, in pro. per.; Jeffrey J. Douglas, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________________

On April 27, 2015, Melody Platt discovered that her rare, high end, Alex Moulton brand bicycle was missing from her garage, where it had been stored in a cabinet from which the lock had lately been cut. On July 27, 2015, she saw a Craigslist advertisement for an Alex Moulton bicycle that included a photograph depicting her bicycle, including some “cheap Home Depot clamps” she had used to affix a basket to it, although the basket itself was no longer attached. She notified police, and Inglewood police detective Jose Barragan set up an undercover meeting with the seller, Terell Floyd. Floyd told Barragan he had inherited the bicycle from his father. Once Floyd and Barragan agreed on a price of $3,300, Floyd was arrested, and his phone was found to contain photographs of the bicycle, including one in which the basket was still attached. On October 21, 2015, Floyd was convicted by a jury of receiving stolen property. (Pen. Code, § 496, subd. (a).) The trial court denied his motion to dismiss a prior “strike” conviction for purposes of sentencing, finding Floyd had been either committing crimes or serving prison sentences “almost continuously” for the last 10 years. The court did, however, dismiss one of several prior prison term enhancements. (Pen. Code, § 1385, subd. (a).) It sentenced Floyd to the high term of three years, doubled due to his having suffered prior convictions for serious or violent felonies, plus one consecutive year for each of two prior prison terms, for a total of eight years in prison. (Pen. Code, §§ 667, 667.5, subd. (b), 1170, subd. (h), 1170.12, subd. (c)(1).) The court awarded him 246 days of custody credit and assessed various fines. We appointed counsel to represent Floyd on appeal and, after examination of the record, counsel filed an opening brief raising no issues and asking this court to review the record independently. (People v. Wende (1979) 25 Cal.3d 436, 441-442.) On May 17, 2016, we sent letters to Floyd and appointed counsel, directing counsel to forward the appellate record to Floyd and advising Floyd that within 30 days he could personally submit any contentions or issues that he wished us to consider. Floyd responded with a letter brief in which he raises a number of arguments. Floyd argues no evidence indicates he knew the bicycle was stolen. “Every person who buys or receives any property that has been stolen . . . , knowing the property to be