People v. West CA3

Filed 9/30/24 P. v. West CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Yolo) ----

THE PEOPLE, C099967

Plaintiff and Respondent, (Super. Ct. No. CR2022402)

v.

CHAYTON PAUL WEST,

Defendant and Appellant.

Defendant Chayton Paul West pled no contest to one count of burglary and admitted an aggravating circumstance. The trial court dismissed the remaining three burglary counts and all allegations with a Harvey1 waiver for restitution purposes only. On appeal, defendant claims the trial court prejudicially erred by relying on the dismissed burglary counts as circumstances in aggravation when it imposed the upper term of six

1 People v. Harvey (1979) 25 Cal.3d 754.

1 years. The People concede the error, but argue…