P. v. Morrison CA4/1

Filed 7/2/13 P. v. Morrison CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062862

Plaintiff and Respondent,

v. (Super. Ct. No. SCD241913)

ZIMBALIST EUGENE MORRISON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Dwayne K.

Moring, Judge. Affirmed.

Sheila Quinlan, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, William M. Wood, Meagan Beale and

Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.

In July 2012, Zimbalist Eugene Morrison stole two bottles of vodka from a grocery

store. He pled guilty to petty theft with prior theft convictions (Pen. Code, §§ 484, 666) and

admitted having suffered a strike conviction (Pen. Code, § 667 subds. (b)-(i)) and having

served a prior prison term (Pen. Code, § 667.5, subd. (b)). In August, the court dismissed the

prison prior and sentenced Morrison to 32 months in prison (twice the lower term). The court