People v. Chavez CA3

Filed 9/25/14 P. v. Chavez 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sutter) ----

THE PEOPLE, C068666

Plaintiff and Respondent, (Super. Ct. Nos. CRF102980,

CRM110632)

v.

MANUEL CHAVEZ, JR.,

Defendant and Appellant.

A jury convicted defendant Manuel Chavez, Jr., of two counts of second degree burglary and one count of vandalism and found true an allegation that he had served a prior prison term. On July 1, 2011, defendant was sentenced to state prison for four years. On appeal, relying on In re Kapperman (1974) 11 Cal.3d 542, defendant contends that limiting the application of the “2011 Realignment Legislation” addressing public safety (Stats. 2011, ch. 15, § 1), which requires…