P. v. Sims CA2/5

Filed 5/31/13 P. v. Sims CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B243961

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA124101) v.

ELIZABETH SIMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John A. Torribio, Judge. Affirmed as modified. Nadezhda M. Habinek, 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, Lawrence M. Daniels and Esther P. Kim, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

A jury convicted defendant, Elizabeth Sims, of phencyclidine possession for sale (Health & Saf. Code, § 11378.5) and cocaine base possession (Health & Saf. Code, §

11350, subd. (a)). She was sentenced to six years in state prison. Defendant contends the trial court failed to adequately advise her of her constitutional rights before accepting her admission of a prior conviction. We find that under the totality of the circumstances defendant’s admission of her prior conviction was knowing and intelligent. We modify the oral pronouncement of judgment as to assessments. We affirm the judgment in all other respects.

II. PROCEDURAL FACTS