P. v. Farrand CA2/7

Filed 5/7/13 P. v. Farrand CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B241936

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA094373) v.

STEVEN FARRAND,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jack P. Hunt, Judge. Affirmed. Steven Farrand, in pro. per., and Elizabeth A. Courtenay, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Steven Farrand was charged in a felony complaint with possession of a controlled substance (heroin) under Health and Safety Code section 11350, subdivision (a). The complaint specially alleged Farrand had suffered three prior serious or violent felony convictions within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and had previously served four separate prison terms for felonies (Pen. Code, § 667.5, subd. (b)). Represented by appointed counsel, Farrand pleaded not guilty to the charge and denied the special allegations. Farrand waived his rights to a preliminary hearing and to trial and entered a negotiated plea of no contest, both orally and in writing, to possession of heroin and admitted one prior strike allegation, on condition the trial court stay a six-year sentence and refer him to the California Rehabilitation Center (CRC) to determine his eligibility for commitment. Defense counsel joined in the waivers of Farrand’s constitutional rights. The police and probation reports formed the factual basis for the plea. The trial court found Farrand’s waivers, plea and admissions were voluntary, knowing and intelligent. In accordance with the plea agreement, the trial court imposed a six-year state prison term, consisting of the upper three-year term doubled under the Three Strikes law, stayed execution of sentence, and referred Farrand to the CRC for suitability evaluation and possible treatment. The remaining special allegations were dismissed on the People’s motion. Farrand was subsequently excluded from the CRC as ineligible based on his criminal history. The trial court denied Farrand’s requests to withdraw his plea and ordered executed the previously stayed six-year state prison sentence. The court ordered Farrand to pay a $40 court security fee, a $30 criminal conviction assessment, and a $200 restitution fine. The court imposed and suspended a parole revocation fine pursuant to Penal Code, section 1202.45. Farrand was awarded a total of 320 actual days of presentence credit. Farrand timely filed a notice of appeal and checked the preprinted box indicating, “this appeal is based on the sentence or other matters occurring after the plea.” As