P. v. Ross 2/21/07 CA5

State: California

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

Docket No: F050599

Case Date: 05/09/2007

Preview:Filed 2/21/07 P. v. Ross CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F050599 Plaintiff and Respondent, (Super. Ct. No. 06CM0972) v. RICKY LAVELLE ROSS, Defendant and Appellant.

OPINION

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Louis F. Bissig, Judge. Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Wanda Hill Rouzan, Deputy Attorney General, for Plaintiff and Respondent. -ooOooThis is an appeal from judgment after defendant and appellant Ricky LaVelle Ross was sentenced to prison pursuant to a plea bargain. Defendant contends the sentence

*

Before Vartabedian, Acting P.J., Cornell, J. and Dawson, J.

imposed by the trial court violated his Sixth and Fourteenth Amendments right to jury trial. There is no merit to defendant's claim; we will affirm the judgment. Facts and Procedural History Defendant and another man stole two all-terrain vehicles (ATVs) from a retailer. Defendant was driving a pickup truck and pulling a trailer onto which the ATVs were loaded. After a description was broadcast to police agencies in the area, a police officer saw the truck and gave chase. Defendant pulled over to the shoulder of the road and stopped. As the police officers approached the truck, defendant sped away, leading those officers and others on a lengthy chase. Eventually, defendant abandoned the truck. He was caught a short time later. Defendant was charged with two counts of grand theft of an automobile (Pen. Code,

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