P. v. Coulter CA3

Filed 5/1/13 P. v. Coulter CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE,

Plaintiff and Respondent, C069813

v. (Super. Ct. No. NCR79256)

SANDRA LEE COULTER,

Defendant and Appellant.

Defendant Sandra Lee Coulter pled guilty to two counts of first degree burglary (Pen. Code, § 459 -- counts 1, 10)1 in exchange for the dismissal of eight other criminal counts and was sentenced to serve concurrent terms of four years for each conviction in

1 Undesignated statutory references are to the Penal Code.

1

state prison. On appeal, defendant contends the trial court abused its discretion in finding her ineligible for probation. We reject the contention and affirm the judgment. FACTS Count 1 On May 12, 2010, the victim and her son left their residence in the morning. When they returned that evening, their home had been broken into and several items had been stolen. The following day, defendant and her codefendant, Chase Reifert, attempted to sell three of the victim’s video games to a store in Red Bluff, but the clerk suspected they were stolen and refused to purchase them. The store’s surveillance video showed Reifert trying to make the sale while defendant waited outside. Defendant later admitted having taken part in the burglary with Reifert. Count 10 On May 14, 2010, about 6:00 a.m., the victim was in his residence when he was awakened by a loud noise. He saw a pickup leaving and called the sheriff’s department. Investigation revealed a broken garage window and the odor of gasoline in the garage. A deputy saw a pickup matching the victim’s description and stopped it. The pickup was driven by Reifert and defendant was the passenger. The pickup contained property stolen from the victims in counts 1 and 10, along with other stolen property. Reifert admitted breaking into the victim’s garage to get gasoline to drive to Corning, California. Defendant admitted going into the victim’s residence and looking for items while Reifert was stealing gasoline. She also admitted participating in the burglary charged in count 1. DISCUSSION Because defendant was convicted of first degree burglary, she was statutorily ineligible for probation unless the court found her case was unusual. (§ 462, subd. (a).)