People v. Villegas CA4/2

STATEMENT OF THE CASE

On May 2, 2012, an amended information charged defendant and appellant

Raymond Joe Villegas with felony receipt of stolen property under Penal Code1 section

496, subdivision (a) (count 1); and misdemeanor resisting arrest under section 148,

subdivision (a)(1) (count 2). The amended information also alleged seven prison priors

under section 667.5, subdivision (b). Moreover, the amended information alleged that

defendant was ineligible for probation under section 1203, subdivision (e)(4).

On May 3, 2012, the jury found defendant guilty as charged. On May 7, 2012, the

trial court found prison priors 1 through 6 to be true, and granted the prosecution’s

motion to dismiss prison prior 7. The court also found defendant to be in violation of his

felony probation in another case.

On June 15, 2012, the trial court imposed an eight-year county jail sentence under

section 1170, subdivision (h). The court custody term comprised the upper term of three

years on count 1, and an additional five years for prison priors 1, 3, 4, 5 and 6. The court

stayed the sentence on prison prior 2 on the grounds that defendant served it concurrently

with prison prior 1. The…