People v. Kirk CA2/6

Filed 8/18/16 P. v. Kirk CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B269652 (Super. Ct. No. 15F-06154) Plaintiff and Respondent, (San Luis Obispo County)

v.

ANDREW JACKSON KIRK,

Defendant and Appellant.

Andrew Jackson Kirk was charged with the unlawful driving or taking of a vehicle. (Veh. Code, § 10851, subd. (a).) Convictions from 1984, 1998 and 2006 were alleged as prior strikes and prison terms. (Pen. Code, §§ 667, 667.5, subd. (b), 1170.12.) Shortly after his arrest, Kirk pled no contest and admitted one prior strike in return for a four-year sentence, comprised of the midterm of two years, doubled to four years for the strike. Kirk…