P. v. Robins
Filed 9/5/13 P. v. Robins CA2/5
California Rules of Court, rule 8.1115(a), prohibits courts
and parties from citing or relying on opinions not certified for publication or
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publication or ordered published for purposes of rule 8.1115
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND
APPELLATE DISTRICT
DIVISION
FIVE
THE PEOPLE,
Plaintiff and Respondent,
v.
DAVID VICTOR ROBINS,
Defendant and Appellant.
B246898
(Los Angeles
County Super.
Ct.
No. BA394890)
APPEAL from
a judgment of the Superior Court
of
County, Monica Bachner, Judge.
Affirmed.
Vanessa
Place, under appointment by the Court of Appeal,
for Defendant and Appellant.
No
appearance for Plaintiff and Respondent.
________________________________
Defendant
and appellant David Victor Robins was found guilty by jury of the following
289, subd. (d));
title="">[1] counts 4-6—oral copulation (§ 288a, subd.
(f)); and counts 7-8—assault with intent to commit oral copulation or sexual
penetration (§ 220, subd. (a)(1)).
Defendant admitted suffering a prior conviction under the three strikes
law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) as to all counts and a
prior conviction under section 667, subdivision (a)(1), as to counts 7 and
8. The trial court sentenced defendant
to a total of 65 years in state prison.
Defendant
filed a timely notice of appeal. This court appointed counsel to represent
defendant on appeal. On July 10, 2013,
appointed counsel filed a brief raising no issues, asking this court to
independently review the record for arguable appellate contentions under
436. Defendant was advised of his right
to file a supplemental brief within 30 days.
No supplemental brief has been filed by defendant.
We have
completed our independent review of the record.
Viewed in the light most favorable to the judgment, the record contains
substantial evidence that 19-year-old Gabriela H. went to Hollywood with
friends on April 17, 2011. Gabriela, who
had been drinking, quickly became separated from her friends and spent time
walking around Hollywood. She eventually made contact with
defendant. They drank together, Gabriela
saw a white pill in her hand, and passed out.
Later that evening, defendant was observed in an alley by various
citizens, committing the charged sex offenses on Gabriela, who was not
moving. When police arrived in the
alley, defendant and the unconscious Gabriela were under a sleeping bag. Gabriela was unclothed from the waist down. Evidence of rape committed by defendant of a
17-year-old girl in 2001 was admitted under Evidence Code section 1108.
Our review
of the record reveals no arguable contentions on appeal. The convictions on the various counts are
supported by substantial evidence. There
are no arguable evidentiary issues. The
sentence imposed was within the range of that provided by law. The judgment is affirmed. (Smith v. Robbins
(2000) 528 U.S.
259.)
KRIEGLER,
J.
We concur:
TURNER,
P. J.
KUMAR, J.
name="_ftn1" title="">[1] All
statutory citations are to the Penal Code, unless otherwise indicated.
of the Los Angeles County Superior Court assigned by the Chief Justice pursuant
to article VI, section 6 of the California Constitution.
