People v. Perez CA3

Filed 10/28/13 P. v. Perez 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(San Joaquin) ----

THE PEOPLE, C070622

Plaintiff and Respondent, (Super. Ct. No. SF116784A)

v.

MARIO PEREZ,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On January 25, 2011, defendant Mario Perez entered the Dillard‟s store in Stockton and took $192 worth of merchandise without paying. Defendant had been convicted of petty theft with a prior and served periods of incarceration in 2003, 2008, and 2010.

1 On February 17, 2011, defendant entered a plea of guilty to violation of Penal Code section 6661 and admitted three priors in exchange for five years‟ probation, subject to…