P. v. Hightower CA2/5

Filed 5/28/13 P. v. Hightower CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B243259

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA055348) v.

TRACY HIGHTOWER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hayden Zacky, Judge. Affirmed. Raymond M. DiGuiseppe, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, and Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, for Plaintiff and Respondent.

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The jury convicted defendant and appellant Tracy Hightower of second degree commercial burglary (Pen. Code, § 459).1 In a bifurcated proceeding, defendant admitted he had suffered a prior serious or violent felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and that he had served two prior prison terms (§ 667.5, subd. (b)). The trial court denied probation and sentenced defendant to two years, doubled under the three strikes law, plus one year under section 667.5, subdivision (b), for a total of five years in state prison. The court struck defendant’s other prior prison term. Defendant was also assessed various fines and fees. Defendant claims the trial court abused its discretion in refusing to strike his prior strike conviction for burglary. Defendant also challenges the $10 crime prevention fee and $28 penalty assessed against him. We affirm the judgment.