People v. Frazier CA4/2

BACKGROUND

On June 13, 2014, defendant, along with two others,2 entered a business and

committed theft therein. Frazier also had someone else’s identification. On June 27,

2014, defendant was charged with second degree burglary (§ 459, count 1), and

unlawfully obtaining personal identifying information of another (§ 530.5, subd. (a),

All further statutory references are to the Penal Code unless otherwise indicated.

2 The named co-participants were Richard Owen Simms and Jason Christopher Thompson. Thompson brought a separate petition for resentencing after passage of Proposition 47, which was also denied. That denial is before us in a separate appeal, People v. Thompson, E063223. Simms, the third defendant does not have an appeal pending in this court. 2 count 2). It was further alleged that Frazier had four prior felony convictions for which

he had served prison terms (prison priors) (§ 667.5, subd. (b)).

On July 9, 2014, defendant pled guilty3 to counts one and two and admitted all

four prison priors. The court sentenced Frazier to a midterm sentence of two years in

county jail for count one pursuant to section 1170, subdivision (h), with a concurrent two

year…