P. v. Ruggles
On February 8, 2006, the Yuba County District Attorney filed a second amended complaint (later deemed an information) charging defendant Johnny Lee Ruggles in count I with second degree burglary (Pen. Code, 459; undesignated section references are to the Penal Code), in count II with attempting to obtain a controlled substance by fraud (Health & Saf. Code, 11173, subd. (a)), and in count III with being a person charged with commission of a felony who willfully failed to appear in court when required after having been released from custody on his own recognizance. ( 1320, subd. (b).) It was further alleged as to counts I and II that defendant had been previously convicted of a felony, possession of a controlled substance for sale (Health & Saf. Code, 11359), and that he served a separate prison term for said conviction. ( 667.5, subd. (b).) Court conclude: (1) substantial evidence supports defendants conviction for willful failure to appear while released on his own recognizance; (2) the trial court erroneously gave general intent instructions in connection with the charge of willful failure to appear while released on defendants own recognizance (count III), and the error cannot be deemed harmless; and (3) the trial court properly imposed the upper term sentence on count I.
Court therefore reverse defendants conviction on count III and remand to the trial court for a new trial on that count. Court otherwise affirm the judgment.
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