People v. Ung CA4/3

Filed 12/7/22 P. v. Ung CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, G061237 Plaintiff and Respondent, (Super. Ct. No. 19WF1642) v. OPINION SHAUN YANG DO UNG,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Julian W. Bailey, Judge. Affirmed. Michelle T. LiVecchi-Raufi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

PROCEDURAL HISTORY In July 2019, a complaint was filed in the Superior Court of Orange County 1 which charged appellant Shaun Yang Do Ung with violating Penal Code section 666.5, subdivision (a), (vehicle taking with a prior conviction) (count 1), and section 496d, subdivision (a), (receiving stolen property) (count 2). The complaint also alleged Ung had suffered prior felony convictions for violating sections 530.5, subdivision (c)(2), and 666.5, subdivision (a), as well as Vehicle Code section 10851, subdivision (a). On June 16, 2021, after the court informed him of his applicable rights and he waived each of them, Ung entered a guilty plea on count 1. He was then sentenced to two years pursuant to section 1170, subdivision (h)(1). On the same date, count 2 was dismissed “by operation of law,” presumably because the property taken or received in counts 1 and 2 was the same vehicle. The court then “retain[ed] jurisdiction on restitution,” and set the matter for a restitution hearing in a different courtroom on September 17, 2021. Before concluding the June hearing, the court and defense counsel engaged in the following colloquy with Ung: “[Defense counsel]: Mr. Ung, you have a right to be present at a restitution hearing, or you can let your lawyer do it without you. Do you want to waive your presence and you want to do it without you, or do you want to be there? “[Ung]: I would waive. “[Defense counsel]: You waive your presence? “The court: Okay. So his presence is waived. “[Defense counsel]: Thank you.”