P. v. Gonzales CA5

Filed 5/8/13 P. v. Gonzales CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F063946

v. (Super. Ct. Nos. F11600749, F10601961)

GEORGE PRENDIZ GONZALES, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Hilary A. Chittick, Judge. Johanna R. Pirko, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Poochigian, Acting P.J., Detjen, J., and Peña, J.

On November 1, 2011, in Fresno County Superior Court case No. F11600749 (case No. F11600749), a jury convicted appellant, George Prendiz Gonzales, of two felony counts of possession of heroin (Health & Saf. Code, § 11350, subd. (a)) and two counts of unauthorized possession of a hypodermic needle or syringe (Bus. & Prof. Code, § 4140), a misdemeanor. That same day, in a separate proceeding, appellant admitted allegations that he had suffered a “strike”1 and that he had served two separate prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)). Also on November 1, 2011, in Fresno County Superior Court case No. F10601961 (case No. F10601961), appellant, pursuant to a plea agreement, pled guilty to second degree burglary (Pen. Code, §§ 459, 460, subd. (b)) and, as in case No. F11600749, admitted one strike allegation and two prior prison term enhancement allegations. One of the terms of the plea agreement was that appellant would receive a sentence covering both cases of five years four months. On December 5, 2011, the court struck appellant’s strike pursuant to Penal Code section 1385 and imposed the agreed-upon prison term of five years four months, consisting of the two-year midterm on the substantive offense in case No. F10601961, eight months on each of the two felonies in case No. F11600749, and one year on each of the two prior prison term enhancements. On each of the two misdemeanors, the court credited appellant with time served. In case No. F10601961, appellant did not request, and the court did not issue, a certificate of probable cause (Pen. Code, § 1237.5).