People v. Poole CA6

Filed 8/12/15 People v. Poole CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041694

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1350948)

v.

KENNETH LAMONTE POOLE,

Defendant and Appellant.

Defendant was charged by amended complaint with presenting a false or fraudulent insurance claim, a felony (Pen. Code, § 550, subd. (a)(1)1; count 1), and falsely reporting a crime, a misdemeanor (§ 148.5, subd. (a); count 2), with both offenses occurring in 2012. The complaint alleged two prior strike offenses. (§§ 664.8, subd. (c), 1192.7, subd. (c).) Defendant pleaded no contest to the amended complaint, and, at sentencing, the trial court dismissed the prior strike offenses pursuant to People v.…