P. v. List
Filed 7/20/12 P. v. List CA2/4
NOT TO BE PUBLISHED IN THE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opinion has not been certified for publication or ordered published for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 FOUR
THE PEOPLE,
Plaintiff and Respondent,
v.
LARRY ARTHUR LIST,
Defendant and Appellant.
B233829
(Los Angeles County
Super. Ct. No. MA051162)
APPEAL
from a judgment of the Superior Court of
County, Charles A. Chung, Judge. Affirmed, as corrected.
Joseph R. Escobosa, under
appointment by the Court of Appeal, for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
Larry Joseph List appeals from the
judgment entered after his jury conviction of 15 counts of
(d)(1)) and one count of conspiracy to commit grand theft auto (Pen. Code, §
182, subd. (a)(1)).
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v. Wende (1979) 25 Cal.3d 436.) On January 27, 2012, we directed List’s
counsel to send the record on this appeal and a copy of the brief to List and
notified List that he had 30 days from the date of the notice to submit by
brief or letter any grounds of appeal he wished us to consider. We received no response from List.
We
direct the court to correct a clerical error in the abstract of judgment but
otherwise affirm the judgment.
List
was charged in an information with 15 counts of grand theft auto (§ 487, subd.
(d)(1)), one count of misdemeanor petty
theft (§ 484, subd. (a)), and one count of conspiracy to commit grand theft
auto (§ 182, subd. (a)(1)). The
information also alleged that List had suffered four prior convictions for
controlled substance (Health & Saf. Code, § 11379.6, subd. (a)), possession
of a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and
grand theft (§ 487, subd. (a)). He was
tried with co-defendant Reagan Jennifer Irwin.
Benjamin
Vargas, who owns a business towing and selling junk cars, was told by a friend
that List had junk cars he wanted to sell.
Vargas met List at Phelan Recycling, where List lived and worked. List took Vargas to a property that contained
numerous cars and other equipment. List
told Vargas that his stepfather, who owned the cars, was sick in the hospital
and had told List to sell the cars. The
two agreed that Vargas would pay $100 per car for 17 cars and Vargas gave List
an initial $700 payment.
Vargas
met List at Phelan Recycling a few more times to fill out paperwork for the
cars. List signed the name Hagop
Dernercessian on the bill of sale for each car.
List also made a copy of his California identification card and gave it
to Vargas.
Over
the next few days, Vargas returned to the property to remove cars. On one of those days he saw Casey Devine and
co-defendant Irwin at the property.
Irwin was taking parts off of some of the cars and collecting scrap
metal on the property. Devine demanded
Vargas’s next payment of $700 to remove additional cars. Vargas’s son called List and List told him
that he should pay the next $700 to Devine.
For
the final payment, Vargas met Devine at a bank.
When Vargas demanded that Devine provide him with identification, Devine
called Irwin who provided her driver’s license and signed a receipt for the
final payment of $300.
Dernercessian
owned the cars and the property where the cars were stored with his
family. No one resided at the
property. Dernercessian did not know
List, Irwin, Devine, or Vargas. He never
gave List permission to sell or move the cars.
Dernercessian’s father had fallen ill and been admitted to the
hospital. While Dernercessian usually
checked on the property with some frequency, he was unable to do so while his
father was in the hospital.
The
jury convicted List on all counts of grand theft auto and the single count of
conspiracy. The jury deadlocked on the
misdemeanor petty theft count and a mistrial was declared as to that count. List admitted his four prior convictions.
The
court denied List’s motion to strike
his prior convictions (People v. Superior
Court (Romero) (1996) 13 Cal.4th
497) and sentenced List to the upper term of three years for one count of grand
theft auto, which was doubled to six years because of the prior strike
conviction. (§§ 1170.12, subd. (a),
667.5, subd. (b).) The court added four
one year enhancements for List’s four prior prison terms (§ 667.5, subd. (b)) for a total sentence of
10 years. The sentences on the remaining
counts were stayed under section 654.
List was ordered to pay a $2000 restitution fine, a $28 penalty
assessment fee, a $40 court security fee per conviction, and a $30 immediate
and critical needs fine per conviction.
DISCUSSION
We have examined the record and are satisfied that no arguable issues
exist as to List’s conviction. (
Our discussion is limited to clerical errors in the abstract of
judgment.
The
minute order of judgment reflects that the court security fee (§ 1465.8,
subd. (a)(1)) and the immediate and critical needs fine were imposed on 17
counts, although List was convicted of only 16 counts. List’s appointed counsel mailed an ex parte
motion to correct the abstract of judgment to the Los Angeles Superior Court,
but the record does not include a corrected abstract of judgment. We order that the abstract of judgment be
amended to reflect the correct fines imposed, unless the trial court has
already issued an amended abstract of judgment.
The
conviction is affirmed. The trial court
is ordered to correct the errors in the abstract of judgment to be consistent
with our opinion.
EPSTEIN,
P. J.
We concur:
WILLHITE, J.
MANELLA, J.
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are to the Penal Code unless otherwise indicated.
