Hall

Ollie Jerome Hall appeals from the judgment ordering execution of a previously imposed six-year prison term based upon his negotiated plea of no contest to a charge of grand theft (Pen. Code, § 487) with enhancements for three prior prison terms (Pen. Code, § 667, subd. (b)). Appellant filed a companion petition for writ of habeas corpus that was consolidated with the appeal. The habeas petition is essentially a repetition of appellant’s opening brief and therefore will not be addressed separately.

The principal issue presented is whether the court had jurisdiction to order execution of appellant’s sentence under Penal Code section 1203.2a. Appellant also contends the record does not show the sentencing court was aware of its discretion to modify the upper term, and that the imposition of a $3,000 restitution fine was improper. For reasons set forth below, we affirm the judgment.

Factual and Procedural Background

Appellant was charged with the theft of clothing from a store in Humboldt County. A security guard observed appellant take off his old hat and jacket and put on a new hat and jacket. In the shoe department, appellant took off his old shoes, and put on a new…