People v. Hutton

199 Cal. Rptr. 3d 882, 245 Cal. App. 4th 703, 2016 Cal. App. LEXIS 189
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 14, 2016
DocketF068887
StatusPublished
Cited by1 cases

This text of 199 Cal. Rptr. 3d 882 (People v. Hutton) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hutton, 199 Cal. Rptr. 3d 882, 245 Cal. App. 4th 703, 2016 Cal. App. LEXIS 189 (Cal. Ct. App. 2016).

Opinion

PEÑA, J.

INTRODUCTION

*706As a result of the Criminal Justice Realignment Act of 2011 (Stats. 2011, ch. 15, § 1), numerous offenses previously punishable by specified terms in state prison are now punishable by serving that same term in local custody at the county jail. (People v. Vega (2014) 222 Cal.App.4th 1374, 1379, 166 Cal.Rptr.3d 506.) In this case, we consider what effect serving a term in the county jail rather than in prison, and being released on "sheriff's parole" instead of regular prison parole, has on entitlement to presentence credits and to the use of the jail commitment as a "prison prior." We conclude the location of a defendant's service of his or her felony sentence makes no significant difference on how these issues should be analyzed and resolved.

In 2013, defendant Chris Kenneth Hutton received a felony conviction in case No. BF147747A (case BF147747A) and was sentenced to a two-year term in county jail to be followed by two years of mandatory supervision. Within months after he was sentenced, he was released from custody on sheriff's parole. He thereafter was arrested and convicted by a jury on a charge of receiving stolen property in the instant case. Among other alleged prison priors, the trial court found true a prior for the 2013 conviction in case BF147747A. Adopting the recommendations of the probation report, the court denied defendant presentence custody credits, explaining defendant was still serving the custodial portion of his sentence in case BF147747A with a scheduled release date of November 29, 2014. The court, however, also imposed a one-year enhancement for the prison prior in case BF147747A. In his appeal, defendant argues he was out of custody at the time of his arrest and is entitled to presentence custody credits. Alternatively, if he was in custody when arrested, he argues it was error to find true the prior prison term allegation in case BF147747A. In the published portion of this opinion, we agree defendant is entitled to presentence custody credits, but also find the court did not err by finding *884true and imposing an enhancement on the prison prior pertaining to his incarceration in case BF147747A. *707FACTUAL AND PROCEDURAL BACKGROUND

A jury convicted defendant of receipt of stolen property, a vehicle (Pen.Code, § 496d, subd. (a) ).1 In addition, the court found true enhancement allegations defendant had served four prior prison terms within the meaning of section 667.5, subdivision (b).

Defendant was sentenced to an aggregate prison term of five years: three years for the offense, and one year each for two prior prison terms. This sentence was ordered to run concurrent with case BF147747A. The court struck two of defendant's other prior prison terms and denied any presentence credits.

The Prosecution

At approximately 5:00 p.m. on August 27, 2013, Kern County Sheriff's Deputy Jason Nelson was on patrol near the intersection of Ming Avenue and South Union Avenue in Kern County when he began following a gold 1994 Honda Accord. He ran the vehicle's license plate number and discovered the vehicle had been reported stolen to the Bakersfield Police Department.

Nelson initiated a traffic stop of the Honda and placed the driver, defendant, under arrest. He found a shaved key either inside the vehicle or on defendant's person. Nelson turned over custody of defendant and the shaved key to Officer Scott Roberts of the Bakersfield Police Department.

Roberts inspected the Honda and noticed it was running without keys in the ignition, a condition which typically indicates a vehicle has been stolen. Roberts asked defendant why he was driving a stolen vehicle. Defendant told Roberts "[he] borrowed [the vehicle] from a friend," but refused to identify his friend because he did not "want to incriminate anyone."

The registered owner of the Honda, LaShane Williams, arrived on scene and took possession of the vehicle. Williams stated the vehicle had gone missing from the driveway of her residence on Ming Avenue on the evening of August 22, 2013. She reported it stolen to police that evening, and explained neither she nor her husband Dennis Williams, the co-owner of the vehicle, gave anyone permission to use it.

The Defense

Defendant testified in his own defense at trial. On the evening of August 26, 2013, his girlfriend, Jennifer Barrom, gave him a ride home from work because his truck was being repaired.

*708As they pulled into a gas station to refuel, defendant noticed a gold Honda Accord with a for sale sign on its dashboard. When he asked the gas station cashier what he knew about the Honda, a man standing behind him answered the vehicle was his for $1,200.

The man identified himself as Dennis and explained the car belonged to his girlfriend, who needed the money for bail. Defendant inspected the Honda and concluded the offer was "a hell of a deal." Dennis told defendant the vehicle was smogged, registered, and had all necessary DMV paperwork.

Defendant negotiated a deal with Dennis to purchase the Honda for $1,000. He paid Dennis $600 up front and promised to *885pay the remaining $400 the following Friday. Both men executed a handwritten bill of sale, prepared by Dennis, as well as a vehicle/vessel transfer and reassignment form. Dennis gave defendant a key to the Honda and defendant drove it home.

The next day, defendant was pulled over while driving home from work. When Nelson asked defendant why he was driving a stolen vehicle, he responded he either "just got the car or [he] borrowed the car." Defendant testified he told Nelson he borrowed the vehicle because when he initially purchased it, he and Barrom agreed it would be hers, but he would use it until his truck was repaired. In his mind, the vehicle belonged to Barrom.

Defendant claims when he discovered the Honda was stolen, he did not want to implicate his girlfriend or the man who sold him the car. He realized the reason he got such "a sweet deal on the car" was because it was stolen. Defendant claimed he did not notice Dennis gave him a shaved key, nor did he notice the vehicle/vessel transfer and reassignment form listed the name "Dennis Williams" on the typewritten portion of the form, but "Dinnis Willams" appeared in the handwritten portions of the form.

The Prison Priors

On December 5, 2013, in a bifurcated proceeding, the court found true four prior prison term enhancements within the meaning of section 667.5, subdivision (b). In 2000, defendant was convicted of driving under the influence causing bodily injury (Veh.Code, §§ 23550.5, 23153, subd. (a) ); in 2002, he was convicted of driving under the influence with a prior felony conviction (Veh.Code, § 23153, subd.

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Cite This Page — Counsel Stack

Bluebook (online)
199 Cal. Rptr. 3d 882, 245 Cal. App. 4th 703, 2016 Cal. App. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hutton-calctapp5d-2016.