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The People v. James Davis Walker

February 11, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JAMES DAVIS WALKER, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F07485)

The opinion of the court was delivered by: Butz , J.

P. v. Walker

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury found defendant James Davis Walker guilty of three counts: (1) unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)--count one); (2) possession of a stolen vehicle (Pen. Code, § 496d, subd. (a)--count two);*fn1 and (3) misdemeanor possession of a master key to break and enter a vehicle (id., § 466--count three).

On appeal, defendant contends (1) there was insufficient evidence to support a conviction for possession of the master key; (2) equal protection requires that the 2011 Realignment Legislation (the Act) apply to defendant's sentence; (3) the sentence for possession of the master key should have been stayed pursuant to section 654; and (4) the sentencing judge's statement to defendant that he may not possess firearms or ammunition was unlawful.

We agree that the concurrent sentence for the misdemeanor offense of possession of the master key should be stayed pursuant to section 654. In all other respects, we shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

While driving a 1996 Honda Accord, defendant was pulled over by two Sacramento police officers after they conducted a routine license plate check that disclosed a Nissan registration. After defendant was pulled over, one officer removed the key from the ignition. The teeth on the key were filed down.*fn2 The officers confirmed the Honda was stolen.

After defendant was advised of his rights, he stated that he "kind of figured" the car was stolen, and that a guy named "Steve" had let him borrow the car. According to defendant, Steve was a 25- to 27-year-old white male. Steve did not have a telephone and defendant did not know where Steve lived. Defendant stated that Steve drove the car to defendant's house and then walked away. Defendant also admitted that he was trying to avoid the police officers.

After his conviction on February 25, 2011, defendant was released until March 1, 2011, when he was required to surrender himself. Defendant failed to surrender himself and was not in custody until August 13, 2011, when he was found in possession of drug paraphernalia. In exchange for the prosecution dropping charges related to defendant's failure to appear, defendant was sentenced to an upper term of three years in state prison for count one. A sentence on count two was stayed pursuant to section 654, and defendant received a 60-day concurrent sentence for count three.

DISCUSSION

I. Sufficiency of the Evidence to Support a Conviction on Count ...


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