People v. Moore CA3

Filed 7/17/23 P. v. Moore CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Glenn) ----

THE PEOPLE, C096479

Plaintiff and Respondent, (Super. Ct. Nos. 19CR14763, 20CR15704, 21CR16238) v.

KELLY MULLINS MOORE,

Defendant and Appellant.

Appointed counsel for defendant Kelly Mullins Moore has asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Having conducted this review, we will modify the judgment to dismiss/strike certain counts/allegations that should have been disposed of pursuant to defendant’s plea agreement. Finding no other errors that would result in a disposition more favorable to defendant, we will affirm the judgment as modified.

1

FACTUAL AND PROCEDURAL BACKGROUND On November 20, 2020, defendant resolved multiple cases by pleading guilty to second degree burglary (Pen. Code, § 459)1 in case No. 19CR14763 (the burglary case) and admitting he had suffered a prior strike (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)) for a stipulated prison term of six years (the upper term doubled). In exchange, the court dismissed the remaining counts and allegations and further dismissed six other pending cases. Defendant failed to appear for his sentencing hearing on January 8, 2021, resulting in the issuance of a warrant for his arrest. In the meantime, on December 18, 2020, the People filed a complaint in case No. 20CR15704 (the vehicle theft case) charging defendant with two counts of felony theft of a vehicle with a prior (§ 666.5, subd. (a); counts I & II) and receipt of stolen property (§ 496, subd. (a); count III). The complaint further alleged numerous enhancements, including that defendant had suffered two previous convictions for violating Vehicle Code section 10851, subdivision (a) (counts I & II), that defendant had been released on bail or on his own recognizance at the time of the offenses (§ 12022.1), and that defendant had suffered a prior strike (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)). On April 23, 2021, defendant failed to appear in court on both the burglary case and the vehicle theft case. On June 21, 2021, the People filed a complaint in case No. 21CR16238 (the failure to appear case) charging defendant with two counts of willful and unlawful failure to appear (§ 1320, subd. (b)) for that nonappearance. The complaint further alleged defendant had suffered a prior strike. (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1).)