P. v. Vita CA4/2

Filed 3/12/13 P. v. Vita CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E056732

v. (Super.Ct.No. RIF10002324)

ERIK ROBERT VITA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. David A. Gunn, Judge.

Affirmed.

Michelle Rogers, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

After the trial court granted defendant and appellant Erik Robert Vita’s motion to

dismiss one of his prior strike convictions, defendant pled guilty to possession of a

syringe while in the California Rehabilitation Center (Pen. Code, § 4573.6), and admitted

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that he had suffered one prior strike conviction (Pen. Code, §§ 667, subds. (c), (e)(2)(A),

1170.12, subd. (c)(2)(A)), and six prior prison terms (Pen. Code, § 667.5, subd. (b)). In

exchange, defendant was sentenced to a stipulated term of 12 years in state prison with