P. v. Holland

















Filed 11/17/10 P. v. Holland CA4/2







NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, v. CRAIG DEROME HOLLAND, Defendant and Appellant.

E050998 (Super.Ct.Nos. INF059718 & INF067243) OPINION

APPEAL from the Superior Court of Riverside County. John G. Evans, Judge. Affirmed.
Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance by Plaintiff and Respondent.
I
INTRODUCTION
A. Case No. INF059718
On September 17, 2007, a felony complaint charged defendant and appellant, Craig Derome Holland, with failure to register as a sex offender under Penal Code section 290 (count 1); falsely identifying himself to a police officer under Penal Code section 148.9, subdivision (a) (count 2); and possession of a false identification card under Vehicle Code section 13004, subdivision (a). The complaint also alleged that defendant had suffered a strike prior in 1998 under Penal Code sections 667, subdivisions (c) and (e)(1), and 1170.12, subdivision (c)(1), and a prison prior under Penal Code section 667.5, subdivision (b).^[1]
On November 30, 2007, defendant pled guilty to failure to register as a sex offender. The trial court granted defendant probation for three years based on several conditions, including credit for time served of 191 days.
B. Case No. INF067243
On February 10, 2010, an information charged defendant with receiving stolen property under section 496, subdivision (a) (count 1) and possession of ammunition by a felon under section 12316, subdivision (b)(1) (count 2). The information also alleged that defendant had suffered a strike prior in 1998 under sections 667, subdivisions (c) and (e)(1), and 1170.12, subdivision (c)(1), and a prison prior under section 667.5, subdivision (b). Additionally, the information alleged a violation of defendant's probation in case No. INF059718.
On April 8, 2010, defendant pled guilty to both counts and admitted the strike prior. Defendant also admitted he was in violation of probation in case No. INF059718.
On April 8, 2010, the trial court sentenced defendant to the low term of 16 months, doubled due to the strike prior, on count 1, and a concurrent 32-month sentence for count 2, for a total sentence of two years eight months. The court granted 257 days of credit, including 129 days of actual credit and 128 days of conduct credit. The court also imposed a restitution fine of $200, a parole revocation fine of $200, suspended unless parole is revoked, a criminal conviction assessment of $60, and a court security fee of $60. The court also sentenced defendant to a concurrent 90 days for his violation of probation in the first case.
On June 7, 2010, defendant filed a timely amended notice of appeal challenging his sentence. Defendant also requested a certificate of probable cause; the trial court denied defendant's request.
II
STATEMENT OF FACTS
Defendant admitted â€