P. v. Hernandez
Filed 7/5/06 P. v. Hernandez CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Placer)
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| THE PEOPLE, Plaintiff and Respondent, v. SALAVADOR HERNANDEZ, Defendant and Appellant. | C049710
(Super. Ct. No. 62044394)
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After department store security personnel observed defendant Salavador Hernandez shoplifting jewelry, police officers arrested him in the store parking lot and discovered even more loot in his vehicle. Officers ultimately unearthed a cache of over $7,000 in necklaces and bracelets.
An information charged defendant with second degree commercial burglary, grand theft, conspiracy to commit burglary, receiving stolen property, possession of a deadly weapon, and giving false information to a police officer. (Pen. Code, §§ 459, 487, subd. (a), 182, subd. (a)(1), 496, subd. (a), 12020, subd. (a), 148.9, subd. (a).)[1] Defendant entered a plea of no contest to all counts, and admitted three prior prison terms and one prior serious felony conviction. Subsequently, defendant moved to withdraw his plea and to strike the serious felony conviction. The trial court denied the motions. Sentenced to 10 years four months, defendant appeals, contending: (1) the court improperly denied his motion to withdraw his pleas, (2) the court erred in not inquiring into defense counsel's effectiveness, (3) the court erred in refusing to dismiss a prior conviction, and (4) the court abused its discretion in imposing the upper term. We shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
In June 2004 officers responded to a report of a theft in progress at a Nordstrom department store.[2] Nordstrom security reported a suspicious male in the store. The man, described as Hispanic, wearing a black hat, and sporting several tattoos, went to the customer service department and retrieved a Nordstrom shopping bag, two boxes, and tissue paper.
The man, later identified as defendant, walked to the jewelry department. He grabbed jewelry off the rack and put it in the shopping bag. After removing several items of jewelry, defendant left the building. He walked to the parking lot and entered the back seat of a white Ford Explorer.
A woman, Kerri Jamison, got out of the Ford with her three-year-old child and walked into Nordstrom. Jamison brought some of the stolen merchandise with her and went to a different department in the store.
After she left, officers approached the Ford. They ordered defendant and another passenger, later identified as defendant's 15-year-old daughter, to put their hands up. Instead of complying, defendant's daughter moved something around on the Ford's floor with her right hand. The officers repeated their request and defendant complied. Both defendant and his daughter were ordered out of the vehicle and were held until other officers arrived.
Meanwhile, inside Nordstrom, Jamison attempted to return some items. She was told she could not make a return without a receipt. Jamison attempted to leave the area after saying her child needed to use the restroom. Jamison walked out of the store and was detained by officers.
When officers attempted to get personal information from defendant, he initially gave them a false name and birth date. When asked his age, defendant responded, â€
