Fear Not Law Articles: P. v. Douglas

P. v. Douglas

Filed 12/23/09 P. v. Douglas CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE,

Plaintiff and Respondent,

KAREEM JAMALL DOUGLAS,

Defendant and Appellant.

B215877

(Los Angeles County

Super. Ct. No. YA070406)

APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Brandlin, Judge. Affirmed.

Alan Stern, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

* * * * * * * * *

Appellant Kareem Jamall Douglas was charged by amended information with 14 counts of second degree robbery. Many of the counts included an allegation that a principal was armed with a handgun. (Pen. Code, 12022, subd. (a)(1).)^{^[1]} Count 8 included an allegation that appellant personally used a handgun ( 12022.53, subd. (b)), causing the offense to be both a serious and a violent felony ( 1192.7, subd. (c)(8), 667.5, subd. (c)(8)).

On October 28, 2008, pursuant to a plea bargain, appellant pled guilty to counts 1 and 8 and admitted count 8s firearm allegation. The remaining charges were dismissed. Appellant was sentenced to a total of 14 years in prison. He received, on count 8, the midterm of three years, plus 10 years for the firearms enhancement. A consecutive term of one year was added for count 1. He was awarded 339 total days of presentence custody credits.

The preliminary hearing transcript shows that for count 8, appellant pointed a gun at the employee of a liquor store while he and an accomplice robbed the store. For count 1, another accomplice was the gunman and appellant drove the getaway vehicle during the robbery of a different liquor store. Appellant confessed his participation in the crimes.

On June 22, 2009, this court granted appellant relief from default for failure to timely file a certificate of probable cause under section 1237.5. Appellants notice of appeal and request for a certificate of probable cause were filed that same day in the superior court. Appellant indicated in his request that he was induced into the plea by misrepresentations of counsel and thought he was pleading guilty only to being an accessory after the fact. Four days later, the superior court denied the request for a certificate of probable cause, and indicated that it had previously denied such a request on April 21, 2009.

Appellants appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. Appellant was notified that he could file his own brief and did not do so.

Having reviewed the entire record, including the reporters transcript of the plea proceedings, we are satisfied that appellants attorney has fully complied with his responsibilities, and there are no arguable issues. (Smith v.Robbins (2000) 528 U.S. 259, 276; People v. Kelly (2006) 40 Cal.4th 106, 123-124; Wende, supra, 25 Cal.3d at p. 441.)

DISPOSITION

The judgment is affirmed.

FLIER, ACTING P.J.

We concur:

BIGELOW, J

MOHR, J.^*

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^{^[1]} Subsequent statutory references are to the Penal Code unless otherwise stated.

^* Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Description	Appellant Kareem Jamall Douglas was charged by amended information with 14 counts of second degree robbery. Many of the counts included an allegation that a principal was armed with a handgun. (Pen. Code, 12022, subd. (a)(1).)[1] Count 8 included an allegation that appellant personally used a handgun ( 12022.53, subd. (b)), causing the offense to be both a serious and a violent felony ( 1192.7, subd. (c)(8), 667.5, subd. (c)(8)). On October 28, 2008, pursuant to a plea bargain, appellant pled guilty to counts 1 and 8 and admitted count 8s firearm allegation. The remaining charges were dismissed. Appellant was sentenced to a total of 14 years in prison. He received, on count 8, the midterm of three years, plus 10 years for the firearms enhancement. A consecutive term of one year was added for count 1. He was awarded 339 total days of presentence custody credits. The preliminary hearing transcript shows that for count 8, appellant pointed a gun at the employee of a liquor store while he and an accomplice robbed the store. For count 1, another accomplice was the gunman and appellant drove the getaway vehicle during the robbery of a different liquor store. Appellant confessed his participation in the crimes. On June 22, 2009, this court granted appellant relief from default for failure to timely file a certificate of probable cause under section 1237.5. Appellants notice of appeal and request for a certificate of probable cause were filed that same day in the superior court. Appellant indicated in his request that he was induced into the plea by misrepresentations of counsel and thought he was pleading guilty only to being an accessory after the fact. Four days later, the superior court denied the request for a certificate of probable cause, and indicated that it had previously denied such a request on April 21, 2009.
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