People v. McCraw CA2/3

Filed 9/30/16 P. v. McCraw CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B270585

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA060874) v.

DEVON MAURICE MCCRAW,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Alan B. Honeycutt, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________________

Appellant Devon Maurice McCraw appeals from an order denying his petition for a recall of sentence after the trial court sentenced him upon his six convictions for first degree residential burglary (counts 1, 2, & 4 – 7), six convictions for receiving stolen property (counts 9 – 14), and conviction for possession of a firearm by a felon (count 15). (Pen. Code, §§ 459, 460, subd. (a), 496, subd. (a), 1170.18, subd. (a); Former Pen. Code, § 12021, subd. (a).) We affirm the order denying appellant’s petition for a recall of sentence. FACTUAL and PROCEDURAL SUMMARY 1. The Current Offenses. The information in the underlying superior court case (case No. YA060874) alleged eight counts of first degree residential burglary committed on or about the following dates, with the following victims: December 30, 2004, John DeMarco (count 4); January 10, 2005, Junko Hananfusa (count 5); January 14, 2005, Daniel Kerr (count 6); January 15, 2005, Tamara Rubalcava (count 7); January 15, 2005, Howard Oresky (count 8); January 22, 2005, Fernando and Vivian Barrera (count 1); February 5, 2005, Hideo Oshiro (count 2); and February 6, 2005, Nguon Vuu (count 3). The information alleged six counts of receiving stolen property committed on or about February 9, 2005, involving specified property, as follows: count 9 – handguns, rifles, ammunition, a Thomas guide, a handcuff key, jewelry, and game systems belonging to Barrera; count 10 – pillow cases, DVD movies, a game system, cameras, handguns, and ammunition belonging to Oshiro; count 11 – cameras, game systems, a pillow case, DVD movies, and a camcorder belonging to DeMarco; count 12 – a foreign coin collection, a jewelry box, a laptop computer, and U.S. bonds belonging to Hananfusa; count 13 – a Beretta handgun with ammunition and magazines belonging to Kerr; and count 14 – video games and systems, and a VHS movie belonging to Rubalcava. The information also alleged that, on or about February 9, 2005, appellant committed possession of a firearm by a felon (count 15). The information further alleged appellant had suffered strikes (Pen. Code, § 667, subd. (d)) and prior serious felony convictions (Pen. Code, § 667, subd. (a)).