P.

Filed 7/19/13 P. v. Pacely CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062198

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD232317,

SCD238863)

DANTE PACELY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Esteban

Hernandez, Judge. Affirmed as modified with directions.

Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr., and Theodore M.

Cropley, Deputy Attorneys General, for Plaintiff and Respondent. Dante Pacely appeals from a judgment…