People v. Pierce CA2/6

Filed 12/15/16 P. v. Pierce CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B326278 (Super. Ct. Nos. 2022021215, Plaintiff and Respondent, 2022024137, 2022029377) (Ventura County) v.

AARON JAMES PIERCE,

Defendant and Appellant.

Aaron James Pierce appeals a judgment entered following his guilty plea to two counts of burglary and one count of attempted burglary. (Pen. Code, §§ 459, 664.)1 The 16-month concurrent sentence for attempted burglary in Case No. 2022024137 is reduced to an eight-month concurrent sentence. The judgment is otherwise affirmed.

1 All statutory references are to the Penal Code unless

otherwise stated.

FACTUAL AND PROCEDURAL HISTORY This appeal raises the single issue of an unauthorized sentence for the criminal offense of attempted burglary. (People v. Scott (1994) 9 Cal.4th 331, 354 [a violation of the mandatory provisions governing the length of confinement results in an unauthorized sentence that may be challenged at any time].) The Attorney General concedes and the parties agree that resentencing is necessary. In Ventura County Case No. 2022021215, Pierce was charged with burglary and possession of fentanyl. (§ 459; Health & Saf. Code, § 11350, subd. (a).) Shortly after midnight on August 21, 2022, Pierce was seen inside a closed music and video store. Police officers detained him after he left the store. Pierce had compact discs and a poncho from the store in his possession. He also had fentanyl in a metal container. In Ventura County Case No. 2022024137, Pierce was charged with attempted burglary and possession of methamphetamine. (§§ 664, 459; Health & Saf. Code, § 11377, subd. (a).) Shortly after midnight on September 21, 2022, police officers found Pierce attempting to pry open the door to a business complex with a long stick. He informed officers that he planned to sleep inside the complex. Officers found methamphetamine in Pierce’s clothing pocket during a search incident to his arrest. In Ventura County Case No. 2022029377, Pierce was charged with burglary and having committed the offense while released on his own recognizance or bail. (§§ 459, 12022.1, subd. (b).) In the early morning of November 16, 2022, Pierce entered the courtyard of a church and attempted to pry open doors with a metal garden tool. He then obtained a metal pipe, opened the