People v. Sutton CA3

Filed 5/23/23 P. v. Sutton CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE, C096647

Plaintiff and Respondent, (Super. Ct. No. CRF2102412)

v.

KEVIN DANIEL SUTTON,

Defendant and Appellant.

Defendant Kevin Daniel Sutton pled no contest to arson of property and driving or taking a vehicle without consent and the trial court sentenced him to the stipulated aggregate term of six years eight months in state prison. At sentencing, the trial court stated defendant’s parole term would be three years. On appeal, defendant’s only contention is that, pursuant to Penal Code section 3000.01, his maximum parole term is two years and, because the trial court stated he

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would be on parole for three years, we must modify the judgment to reflect the correct two-year maximum parole term.1 As we will explain, we construe the trial court’s remark to be an advisement of defendant’s parole term, albeit an incorrect one, rather than an attempt to impose a specific parole term. As such, we need not modify the judgment. We affirm. BACKGROUND According to the stipulated factual basis for defendant’s plea, on or about June 30, 2021, a vehicle was stolen from a specified address in Yuba County. “Further investigation revealed through . . . surveillance footage . . . defendant driving that vehicle on June 26, 2021. And later on July 1st, 2021, [d]efendant was observed driving that vehicle out towards the Goldfields and coming back in a different vehicle and a Cal Fire investigation determined that the vehicle had been burned, the cause being arson. [¶] And . . . defendant suffered a prior strike, Yuba County case [No.] CRF99-80, felony conviction for Penal Code section 459 first.” An amended complaint charged defendant with arson of a structure or forest land (§ 451, subd. (c); count I), arson of property (§ 451, subd. (d); count II), driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count III), and receiving a stolen vehicle (§ 496d, subd. (a); count IV). In connection with each count, the amended complaint further alleged defendant had been convicted of a prior serious and/or violent felony. (§§ 667, subd. (d), 1170.12, subd. (b).) Defendant agreed to plead no contest to counts II and III and admit to a prior strike with respect to count II. Counts I and IV, their enhancements, and other cases were to be dismissed. The parties and the trial court agreed to the stipulated upper term of three years on count II, doubled to six years, and the stipulated middle term of eight months on