People v. Evans CA5

Filed 9/23/16 P. v. Evans CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F069747 Plaintiff and Respondent, (Super. Ct. No. VCF252609A) v.

ADELBERT EVANS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Lloyd L. Hicks, Judge. (Retired Judge of the Tulare Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) William W. Lee, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Harry Joseph Colombo, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Poochigian, J.

Appellant Adelbert Evans appeals his sentence following a probation violation related to his prior conviction for receiving a stolen vehicle (Pen. Code, § 496d, subd. (a)). Appellant contends his sentence violates principles of equal protection. For the reasons set forth below, we affirm. FACTUAL AND PROCEDURAL BACKGROUND Appellant has a lengthy criminal history. In 2011, while on probation for a different offense, appellant was arrested and charged with unlawful driving or taking of a vehicle (Veh. Code, § 10851), receiving stolen property, in the form of a motor vehicle (Pen. Code, § 496d), and resisting arrest (Pen. Code, § 148). Appellant ultimately pleaded nolo contendere to the receiving stolen property and resisting arrest charges in exchange for a stayed two-year eight-month sentence, felony probation, and resolution of all outstanding charges in his other pending cases. The facts adduced at appellant’s preliminary hearing showed that he was spotted in a Wal-Mart parking lot entering a brown Chevrolet S-10 pickup truck that had been reported stolen. Appellant began to drive the truck away. When stopped by police, appellant initially pulled over before speeding away as the detaining officer waited for backup to arrive. Appellant was arrested shortly thereafter, walking along the street. On September 16, 2013, appellant was charged with a probation violation resulting from resisting arrest charges that had recently been filed. He was later convicted of the underlying charge by a jury and, as a result, on May 29, 2014, was found to have violated his probation. Because the two-year eight-month sentence leading to appellant’s current probation was itself partially tied to a former conviction that was no longer applicable, appellant was resentenced on his prior conviction under Penal Code section 496d as part of the probation violation proceedings. In those proceedings, appellant was sentenced to a term of 16 months under the felony sentencing provisions of Penal Code section 496d.