People v. Quillar CA4/1

Filed 6/17/22 P. v. Quillar CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079875

Plaintiff and Respondent,

v. (Super. Ct. No. SCE171374)

LEE VERT QUILLAR,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Roderick W. Shelton, Judge. Affirmed. Lee Vert Quillar, in pro. per.; and Sheila O’Connor, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

I BACKGROUND In 1997, a jury convicted Lee Vert Quillar of causing a fire in an

inhabited structure (Pen. Code, § 452, subd. (b); count 1),1 arson of the property of another (§ 451, subd. (d); count 2), assault with a deadly weapon or by force likely to produce great bodily injury (§ 245, subd. (a)(1); count 3), and false imprisonment by violence involving the personal use of a deadly weapon (§§ 236, 237; count 4). The jury found true an allegation that Quillar committed count 4 using a knife as a deadly weapon. (§ 12022, subd. (b).) Thereafter, the trial court found true allegations underpinning two prison priors (§ 667.5, subd. (b)), two serious felony prior convictions (§§ 667, subd. (a), 1192.7, subd. (c)), and two felony strike prior convictions (§ 667, subds. (b)–(i)). In particular, it found Quillar was previously convicted of: (1) grand theft of property taken from the person of another (§ 487; hereafter, grand theft person) and assault with a deadly weapon (§ 245, subd. (a)(1)) in case number CR75335; and (2) voluntary manslaughter (§ 192, subd. (a)) and residential burglary (§§ 459, 460) in case number CR107662. The trial court sentenced Quillar to an aggregate term of 36 years to life in state prison, consisting of a base term of 25 years to life for count 4, plus a one-year consecutive term for the use of a deadly weapon enhancement and two five-year consecutive terms for the serious felony priors. It imposed a concurrent sentence of 25 years to life for count 1 and imposed, but stayed, sentences of 25 years to life on counts 2 and 3. The court stayed sentences for Quillar’s prison prior convictions.