P. v. Moore CA4/1

Filed 5/17/13 P. v. Moore CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062068

Plaintiff and Respondent,

v. (Super. Ct. No. SCD237133)

GREGORY EUGENE MOORE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne

K. Moring, Judge. Affirmed.

Neil Auwarter, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala Harris, Attorney General for Plaintiff and Respondent.

BACKGROUND AND DISCUSSION

Gregory Eugene Moore pleaded guilty to burglary (Pen. Code,1 § 459; count 1)

and receiving stolen property (§ 496, subd. (a); count 4.) In exchange, the People

dismissed counts 2 and 3 for grand theft of personal property (§ 487, subd. (a)), count 5

for receiving a stolen vehicle (§ 496, subd. (d)), and count 6 for burglary (§ 459). The

People also declined to amend the complaint to allege a charge of failure to appear.

During plea bargain, the court indicated a sentencing lid of four years eight months, but