APPEAL from the Superior Court of Riverside County. Graham Anderson Cribbs, Judge. (Super.Ct.No. SWF029053)
The opinion of the court was delivered by: McKinster J.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
On January 19, 2010, an information charged defendant and appellant Jelani Omoredi L. Buford, Sr., with unlawfully driving or taking a vehicle in violation of Vehicle Code section 10851, subdivision (a). The information further alleged that defendant had previously been convicted of a serious and/or violent felony (attempted burglary in violation of Pen. Code, §§ 664/459) within the meaning of Penal Code sections 667, subdivisions (c) and (e)(1), and 1170.12, subdivision (c)(1).*fn1
On February 2, 2010, defendant filed a motion to suppress evidence under section 1538.5, subdivision (a)(1)(A). Defendant sought to suppress the following evidence: "1. All statements made by defendant after the unlawful detention; [¶] 2. All observations made by deputies; [¶] 3. All tangible items seized, including keys found in defendant's shorts pocket; [and] [¶] 4. All tangible items seized as the fruits of statements made by defendant and/or observations made by deputies." The People filed an opposition on February 24, 2010. On March 5, 2010, the trial court granted defendant's motion "as [to] the key only."
On March 25, 2010, defendant was tried by a jury. On March 29, the jury returned a verdict of guilty on the single count of violating Vehicle Code section 10851, subdivision (a). Moreover, over defense objection, the trial court granted the People's motion to amend the information to change the special allegation citation from Penal Code sections 664 and 459 to Penal Code sections 664 and 460, subdivision (a). Thereafter, the trial court found the prior conviction allegation to be true.
At the sentencing hearing on April 28, 2010, the trial court denied defendant's motion under section 17, subdivision (b), and denied defendant's motion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). Defendant was ordered to serve a total of 48 months in state prison, with the term calculated as ...