P. v. Yamasaki CA4/1

Filed 3/5/13 P. v. Yamasaki 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D062340

Plaintiff and Respondent,

v. (Super. Ct. No. SCN264816-2)

MICHAEL YAMASAKI,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Aaron H.

Katz, Judge. Affirmed.

Michael Yamasaki was convicted of two counts of burglary (Pen. Code, § 459);

possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)); possessing a

hypodermic syringe, a misdemeanor (Bus. & Prof. Code, former § 4140); and possessing

not more than 28.5 grams of marijuana, an infraction (Health & Saf. Code, § 11357,

subd. (b)). Yamasaki was found to have served three prior prison terms (Pen. Code,

§ 667.5, subd. (b)). The court sentenced him to six years in prison: the three-year upper

term on one of the burglary counts, concurrent terms on the other two felony counts and

one year for each prison prior. The record does not disclose when or how long Yamasaki

was in custody before sentencing or what custody and conduct credits the court initially