Appellant filed a timely notice of appeal on November 28, 2006.
Also, the trial court denied probation and sentenced appellant to the lower term of two years and eight months on the offense of conviction, plus a consecutive two years for the prior prison terms, for a total sentence of four years and eight months imprisonment. At a sentencing hearing on November 16, 2006, the trial court denied appellant's motion pursuant to section 17, subdivision (b) to designate the offense of conviction a misdemeanor, as well as his motion pursuant to section 1385 to strike his prior strike conviction. A court trial was held on the allegations, and the trial court concluded appellant had suffered a prior strike and two prior prison terms.
The jury found appellant guilty of theft by larceny on October 3, 2006. The parties delivered opening statements to the jury on September 27, 2006. The trial court granted a defense request to bifurcate the trial on the prior convictions. On July 24, 2006, appellant entered a plea of not guilty and denied the special allegations. 1 The information further alleged that appellant had suffered two prior serious or violent felonies, that he had served two prior prison terms, and that he was presumptively ineligible for probation pursuant to section 1203, subdivision (e)(4).
We deny defendant's petition for writ of habeas corpus and affirm the judgment.įollowing a preliminary hearing held on July 14, 2006, appellant was charged by an information filed on July 21, 2006, and amended on September 26, 2006, with petty theft with a prior theft felony, in violation of Penal Code sections 484, subdivision (a) and 666. In these consolidated cases, defendant and appellant Steven Michael Stone appeals his jury-trial conviction for petty theft with a prior on the grounds of ineffective assistance of counsel and instructional error, and also seeks habeas relief on the basis of ineffective assistance of counsel. Yu Deputy Attorney General, for Respondent. Engler Senior Assistant Attorney General, Stan Helfman Supervising Deputy Attorney General, Margo J. Gillette Chief Assistant Attorney General, Gerald A. Manjarrez, by Appointment of the Court under the First DistrictAppellate ProjectIndependent Case System, for Appellant. IN RE: Steven Michael Stone on Habeas Corpus. Steven Michael STONE, Defendant and Appellant. Court of Appeal, First District, Division 3, California.