People v. Pelton CA6

Filed 10/29/20 P. v. Pelton CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H046957 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. 217248)

v.

SEAN MICHAEL PELTON,

Defendant and Appellant.

I. INTRODUCTION Defendant appeals after pleading no contest to three counts of grand theft (Pen. Code, § 487, subd. (a))1 and four counts of vandalism (§ 594, subd. (b)(1)) and admitting six prior prison term allegations (§ 667.5, subd. (b)). The trial court struck one of the prior prison term enhancements at the prosecution’s request, struck the punishment for the remaining five prior prison term enhancements, and sentenced defendant to three years in county jail pursuant to section 1170, subdivision (h). Defendant contends that although the trial court struck the punishment for the prior prison term enhancements, the enhancements must be stricken pursuant to Senate Bill No. 136. Defendant further contends that the sentencing minutes and the abstract of judgment must be corrected to unambiguously reflect the trial court’s waiver of various

1 All further statutory references are to the Penal Code unless otherwise indicated.

fines and fees based on defendant’s inability to pay. The Attorney General concedes both claims, and we concur. Accordingly, we will strike the five prior prison term enhancements, direct the trial court to correct the sentencing minutes and the abstract of judgment, and affirm the judgment as modified.2 II. FACTUAL AND PROCEDURAL BACKGROUND A. Factual Background3 Between January 3, 2018 and February 2, 2018, defendant stole approximately 43 catalytic converters from AT&T fleet vehicles parked on corporate lots in Santa Clara, Mountain View, and Sunnyvale. The catalytic converters were worth approximately $2,000 each. B. Charges, Plea, and Sentence An indictment charged defendant with three counts of grand theft (§ 487, subd. (a)), four counts of vandalism (§ 594, subd. (b)(1)), and one count of misdemeanor theft (§ 487, subd. (a)). The indictment also alleged that defendant had served nine prior prison terms (§ 667.5, subd. (b)). On February 8, 2019, defendant pleaded no contest to the felony charges and admitted six of the prior prison term allegations. At sentencing on April 12, 2019, the trial court struck one of the prior prison term enhancements at the prosecution’s request. The court struck the punishment for the remaining five prior prison term enhancements and sentenced defendant to three years in