People v. White CA2/5

Filed 11/25/20 P. v. White CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B302621

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. TA147879)

v.

PAUL EDMUND WHITE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Laura Walton, Judge. Affirmed. Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. __________________________

In a complaint filed on January 9, 2019, defendant and appellant Paul Edmund White was charged with carrying a dirk (Pen. Code, § 21310 [count 1]) and possessing a controlled substance, methamphetamine (Health & Saf. Code, § 11377 [count 2]). The initial complaint charged White under the name of another individual, J.J., which name White had given as his own. At a hearing on January 9, 2019, White, again using the alias J.J., pleaded guilty in count 1. Count 2 was dismissed by plea agreement. White agreed to three years of formal probation and a six-month outpatient drug class during probation. The trial court properly advised White of his rights and the consequences of pleading guilty. The trial court also advised White that the plea was “open,” and “if he fails to appear or picks up any new cases” he could be sentenced to a maximum of three years in county jail.” White was released on his own recognizance and ordered to appear at the sentencing hearing on February 11, 2019. White failed to appear at the sentencing hearing, and the court ordered that a no bail bench warrant be issued, using the name J.J. White again failed to appear at a bench warrant hearing held on June 19, 2019. J.J., the individual whose name was used in the complaint and warrant, appeared and informed the court that White had used J.J.’s name as an alias. The court issued J.J. a judicial clearance and amended the complaint to reflect that White was the true