People v. Mills CA2/5

I. INTRODUCTION

Defendant, Michael Eric Mills, pled no contest to first degree residential burglary. (Pen. Code, § 459.)1 Defendant admitted he had sustained prior convictions within the meaning of sections 667, subdivisions (b) through (i) and 1170.12. He also admitted he had previously served a prior prison term. (§ 667.5, subd. (b).) The trial court ruled an alleged section 667, subdivision (a)(1) five-year enhancement for a prior serious felony was inapplicable because the underlying offense was a juvenile adjudication. (People v. Smith (2003) 110 Cal.App.4th 1072, 1080, fn. 10; People v. West (1984) 154 Cal.App.3d 100, 106-110.) Defendant was sentenced to nine years in state prison. Defendant appeals from the denial of his motion to withdraw his no contest plea. Defendant obtained a probable cause certificate. (People v. Johnson (2009) 47 Cal.4th 668, 679; People v. Ribero (1971) 4 Cal.3d 55, 63-64.) We find no abuse of discretion. We modify the judgment with respect to presentence custody and conduct credits. We further modify the oral pronouncement of judgment to reflect penalties and a surcharge on a local crime prevention programs fine. (§ 1202.5, subd. (a).) We affirm…