People v. Millsap CA5

Filed 9/18/23 P. v. Millsap 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F085358 Plaintiff and Respondent, (Super. Ct. No. BF191472A) v.

ANTWON MARKESH MILLSAP, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, 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 Levy, Acting P. J., Meehan, J. and Snauffer, J.

STATEMENT OF APPEALABILITY This appeal is from a final judgment following a no contest plea which disposed of all issues between the parties. (Pen. Code § 1237, subd. (a).)1 STATEMENT OF THE CASE On September 21, 2022, the Kern County District Attorney filed an information charging Millsap with taking a vehicle (Veh. Code, § 10851, subd. (a); count 1), a felony; possessing drug paraphernalia (Health & Saf. Code, § 11364), a misdemeanor; and obstructing a peace officer (§ 148, subd. (a)(1); count 3), a misdemeanor. The information also alleged as to count 1 factors in aggravation of the sentence, a prior conviction (§ 666.5, subd. (a)), and two prior strike convictions (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)). The superior court case number was BF191472A (abstract count 1A). On November 15, 2022, Millsap pled no contest to count 1 and admitted a prior strike conviction. The trial court agreed to strike the prior strike conviction when Millsap was sentenced. There was a stipulated factual basis for the plea. The remaining counts were dismissed in light of the plea. The parties agreed Millsap would be sentenced to the low term of 16 months to be served concurrently with the sentences in case numbers BF188078A and BF178610A. Case No. BF188078A (abstract 1B) was a conviction for attempted carjacking (§§ 215, subd. (a), 664)2 and case No. BF178610A (abstract 1C) was a conviction for possession of a stolen vehicle (§ 496d, subd. (a)). The trial court sentenced Millsap that same day as follows: (1) 16 months in case No. BF191472A; (2) 18 months in case No. BF188078A; and (3) 16 months in case No. BF178610A. The three sentences were to be served