People v. Bailey CA2/5

Filed 6/22/21 P. v. Bailey 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B305931

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA077929) v.

MELVIN LUDLOW BAILEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert G. Chu, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Michael R. Johnsen and Peggy Z. Huang, Deputy Attorneys General, for Plaintiff and Respondent. __________________________

Defendant and appellant Melvin Bailey was convicted by no contest plea of felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)) and admitted a prior felony conviction within the meaning of the Three Strikes law (Pen. Code, § 1170.12).1 On appeal, he argues that he did not actually admit the prior. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Because the sole issue on appeal relates to defendant’s admission of the prior, we limit our discussion to those facts. On December 31, 2019, defendant was charged by felony complaint with felon in possession of a firearm, as well as unlawful possession of ammunition (§ 30305, subd. (a)(1)). Two prior strikes were alleged, one of which was a violation of section 245, subdivision (a)(1), in case number MA059308. At arraignment, defendant pled not guilty and denied the strike allegations. Two weeks later, on January 13, 2020, defendant changed his plea. Pursuant to an agreement, defendant would plead no contest to felon in possession of a firearm and admit one strike; he would receive a four-year sentence; the possession of ammunition count would be dismissed. Defendant signed a plea form setting forth the terms of the agreement. The form, as filled out, presents a few detours with respect to the strike. Section One of the form is to list the “CHARGES AND MAXIMUM TERM” and begins, “I want to plead guilty or no contest . . . to the charges and allegations listed below.” There follows a chart where charges and enhancement allegations, including prior convictions, are to be listed. Here, the chart properly identifies the offense of felon in possession of a