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People v. Carroll

California Court of Appeal, Third District

January 15, 2014

The PEOPLE, Plaintiff and Respondent,
v.
Tesla Renee CARROLL, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Shasta County, James Ruggiero, Judge. Affirmed. (Super. Ct. No. 10F7532)

Page 1407

COUNSEL

[167 Cal.Rptr.3d 62] Joanne M. Kirchner, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Clara M. Levers, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MURRAY, J.

Page 1408

Defendant Tesla Renee Carroll appeals following a jury trial and conviction of two counts of failing to appear in court while on " own recognizance" (OR) release. (Pen.Code, § 1320, subd. (b).) [1] Defendant argues the evidence was legally and factually insufficient, because a person is not on OR release absent an OR release agreement expressly containing all terms mandated by section 1318, and defendant's OR release agreements

Page 1409

failed to include statutorily mandated promises " to obey all reasonable conditions imposed by the court" and " not to depart this state without leave of the court."

We conclude that the OR release agreement defendant signed here substantially complies with section 1318 and affirm.[2]

FACTUAL AND PROCEDURAL BACKGROUND

By an amended information, defendant was charged with two counts of failure to appear on a felony (§ 1320, subd. (b)) for her failure to appear on June 25, 2010 and September 27, 2010 on a felony charge of receiving a stolen vehicle (§ 496d). The pleading also alleged that defendant served two prior prison terms. (§ 667.5, subd. (b).) [3]

The Prosecution's Case

On May 19, 2010, defendant was arrested on a felony charge of receiving a stolen [167 Cal.Rptr.3d 63] vehicle. (§ 496d.) She was released from the jail on OR the same day after she signed a release agreement stating in pertinent part:

" IN CONSIDERATION OF BEING RELEASED ON MY OWN RECOGNIZANCE, I HEREBY AGREE AS FOLLOWS:
" A. To appear on June 25th, 2010, at 0830 A.M. in [the Redding court]. [¶] And will appear at all times and places as ordered by the Court or Magistrate and as ordered by any Court in which the charge is subsequently pending; and, [¶] ... [¶]
" B. To waive extradition if apprehended out of the State of California after failure to appear as ordered; and
" C. That any court of competent jurisdiction may revoke the order of release and return me to custody, or require that I give bail or any other assurance as provided in Part 2, Title 10 of the Penal Code.

Page 1410

" D. FAILURE TO APPEAR CONSTITUTES A SEPARATE AND NEW MISDEMEANOR/FELONY. PUNISHABLE FOR A FELONY BY $10,000 FINE AND/OR IMPRISONMENT IN THE STATE PRISON, OR IN THE COUNTY JAIL FOR NOT MORE THAN ONE YEAR OR BOTH. FOR A MISDEMEANOR $1,000 FINE AND/OR ONE YEAR IN JAIL.
" E. OTHER: [blank]
" I have read and understand the information given hereon and acknowledge receipt of copy hereof and certify, under penalty of perjury, that all the information is true and correct."

On June 15, 2010, a felony complaint was filed, charging defendant with receiving a stolen motor vehicle in violation of section 496d.

On June 25, 2010, defendant failed to appear in court as ordered on May 19, 2010, and the court issued a bench warrant.

On August 26, 2010, defendant was arrested on the warrant. That same day, she was again released on OR after signing a second release agreement, identical to the first agreement, quoted ante, but with a court date of September 27, 2010 at 8:30 a.m.

On September 27, 2010, defendant failed to appear in court as ordered on August 26, 2010. She was arrested on a warrant on September 30, 2010.

The custodial officers who signed defendant's May 19 and August 26 OR release agreements testified that they explained each item on the release agreements to defendant and defendant signed the agreements, indicating ...


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