People v. Richardson CA5

Filed 2/9/23 P. v. Richardson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F084333, F084334 Plaintiff and Respondent, (Super. Ct. Nos. BF184465A, v. BF188486A)

DAVID LEE RICHARDSON III, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David R. Zulfa, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Peña, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This is an appeal from a final judgment and sentence following no contest pleas which disposed of all issues between the parties. The appeal is authorized under Penal Code1 section 1237, subdivision (a). STATEMENT OF THE CASE On June 28, 2021, an information was filed in case No. BF184465A alleging David Lee Richardson III: (1) received a stolen motor vehicle (§ 496d, subd. (a); count 1); (2) drove a vehicle without the owner’s permission (Veh. Code, § 10851, subd. (a); count 2); and (3) possessed methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 3). Counts 1 and 2 additionally alleged Richardson had suffered: (1) a prior conviction under section 666.5, subdivision (a); (2) a serious felony enhancement under section 667, subdivision (a); and (3) a strike conviction under section 667. On December 22, 2021, a complaint was filed in case No. BF18886A alleging Richardson: (1) received a stolen motor vehicle (§ 496d, subd. (a); count 1); and (2) possessed fentanyl ((Health & Saf. Code, § 11350, subd. (a); count 2). Count 1 additionally alleged Richardson had suffered: (1) a prior conviction under section 666.5, subdivision (a) and (2) a strike conviction under section 667, subdivisions (c)-(j). On February 4, 2022, Richardson entered no contest pleas to count 1 in case Nos. BF184465A and BF188486A. He admitted the prior strike conviction in case No. BF184465A and the prior conviction under section 666.5. The parties stipulated to a prison term of five years four months in state prison. The remaining counts were dismissed. On March 8, 2022, after hearing from Richardson and his attorneys, the trial court denied Richardson’s request to withdraw his no contest pleas. It also denied his request for appointment of new counsel. The sentencing hearing was held the same day. The