People v. Cummings CA3

BACKGROUND

We do not recount the details of the underlying crimes as they are not relevant to the issue on appeal. In case No. CRF113631, a jury found defendant guilty of first degree burglary (Pen. Code, § 459),1 felony vandalism (§ 594, subds. (a) & (b)(1)), and possession of burglary tools (§ 466). In a bifurcated proceeding, the trial court found true the allegations that defendant had served four prior prison terms. (§ 667.5, subd. (b).)

1 Undesignated statutory references are to the Penal Code.

1 In February 2012, the trial court sentenced defendant to 10 years in prison but suspended execution of the sentence and placed defendant on probation for four years. In September 2014, while defendant’s appeal was pending, the probation department filed a declaration alleging that he had violated various conditions of his probation. The trial court revoked defendant’s probation but continued the sentencing hearing several times due to the pending appeal. In February 2015, defendant was charged by felony complaint in case No. CRF151116 with unauthorized use of personal identifying information (§ 530.5, subd. (a)) and fraudulent use of an access card (§§ 484g, subd. (a), 487, subd.…