P. v. Animashaun CA2/8

Filed 5/13/13 P. v. Animashaun CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B242996

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA355173) v.

RICHARD J. ANIMASHAUN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Monica Bachner, Judge. Affirmed as modified.

Alex Coolman, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Assistant Attorney General, Lance E. Winters, Assistant Attorney General, and Paul M. Roadarmel, Jr., Deputy Attorney General, for Plaintiff and Respondent.

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Richard Animashaun pleaded guilty to making criminal threats and attempted first degree burglary, and admitted one prior strike conviction. (Pen. Code, §§ 422; 664/459; and 667, subds. (b)-(i); 1170.12, subds. (a)-(d).)1 We direct the trial court to correct the minute order from the sentencing hearing and the abstract of judgment, to conform the terms of victim restitution to the court’s orally pronounced terms. As corrected, we affirm the judgment. FACTS In May 2009, the People filed an information charging Animashaun with making criminal threats, attempted burglary, and vandalism causing damages of $400 or more.2 (§§ 422; 664/459; 594, subd. (a).) The information further alleged that Animashaun had suffered two prior “strike” convictions which also qualified as prior serious felony convictions.3 (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d); 667, subd. (a)(1).) At a jury trial in late 2009, the evidence showed that Animashaun behaved badly after convincing himself that a tenant in a neighboring unit at their apartment building had called police on Animashaun. In December 2009, a jury returned verdicts finding Animashaun guilty of the three charged offenses noted above. The trial court sentenced Animashaun to a total aggregate sentence of nine years in the state prison. We thereafter reversed the judgment, finding that jurors had engaged in inadvertent misconduct when they used a juror’s laptop computer to listen to a CD audio recording of a 911 call which had been admitted at trial, and heard both the call which had been admitted at trial, as well as another 911 call which had not been admitted. (People v. Animashaun (Oct. 28, 2011, B224530) [nonpub. opn.].)