P. v. Hasting 6/1/04 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F042199

Case Date: 09/23/2004

Preview:Filed 6/1/04 P. v. Hastings CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v.

F042199 (Super. Ct. No. 11653) OPINION

ERIC HASTINGS, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Madera County. Thomas L. Bender, Judge.

Mary G. Swift and William Arzbaecher, under appointments by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Robert P. Whitlock, Janet Neeley, Kelly C. Fincher and Connie A. Proctor, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

SEE CONCURRENCE OF DAWSON, J.

. 1

Appellant Eric Hasting was convicted by the court, sitting without a jury, of two counts of violating Penal Code section 290, subd. (f)(1).1 The crimes were alleged to have occurred in January 1999 (count 1) and July 1999 (count 2). Because an allegation that appellant was a triple recidivist offender under section 667, subdivisions (b)-(i), was found true, and because the trial court declined to dismiss these priors under section 1385 to the extent the priors were appended to count 1, appellant received a "Three Strikes" sentence of 25 years to life on count I and a determinate sentence on count 2. I. There was sufficient evidence (People v. Johnson (1980) 26 Cal.3d 557, 576) to support a conclusion as to count 1 that appellant resided at the Madera motel, where he had been placed by his parole officer, from December 27, 1998, through at least January 3, 1999, when he left without notifying the Madera Police Department of his move (

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