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People v. Good

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Jan 13, 2012
E054039 (Cal. Ct. App. Jan. 13, 2012)

Opinion

E054039

01-13-2012

THE PEOPLE, Plaintiff and Respondent, v. DONALD STEVEN GOOD, Defendant and Appellant.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super.Ct.No. RIF148176)


OPINION

APPEAL from the Superior Court of Riverside County. Robert W. Armstrong, Judge. (Retired judge of the L.A. Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

On April 21, 2009, an information charged defendant and appellant Donald Steven Good (defendant) with residential robbery under Penal Code sections 211 and 212.5, subdivision (a) (count 1); residential burglary under Penal Code section 459 (count 2); carjacking under Penal Code section 215, subdivision (a) (count 3); false imprisonment under Penal Code section 236 (count 4); felony evasion under Vehicle Code section 2800.2 (count 5); possession of a firearm by an ex-felon under Penal Code former section 12021, subdivision (a)(1) (now § 29800) (count 6); felony destruction of a wired device under Penal Code section 591 (count 7); possession of stolen property under Penal Code section 496, subdivision (a) (count 8); and street terrorism under Penal Code section 186.22, subdivision (a) (count 9).

All further statutory references will be to the Penal Code unless otherwise indicated.

The information also alleged: (1) as to counts 1 and 3, that defendant used a firearm under section 12022.53, subdivision (b); (2) as to counts 2 and 4, that defendant used a firearm under section 12022.5, subdivision (a); and (3) as to counts 1, 2 and 3, that defendant committed the offenses for the benefit of a criminal street gang under section 186.22, subdivision (b). The information further alleged that defendant had suffered three prior felony convictions resulting in imprisonment under section 667.5, subdivision (b).

On July 16, 2009, defendant's pretrial motion to dismiss under section 995 was granted as to the three gang enhancements.

On November 19, 2009, defendant pleaded guilty "to the sheet" in exchange for a 14-year sentence in prison. Sentencing was continued for the preparation of a probation report.

On January 4, 2010, defense counsel informed the trial court that defendant wished to withdraw his plea. Proceedings were continued. On January 22, 2010, new counsel was appointed to represent defendant.

On January 29, 2010, new defense counsel did not file a motion to withdraw the guilty plea. Therefore, the trial court sentenced defendant to 14 years in state prison.

Thereafter, defendant filed an untimely notice of appeal. This court, however, granted defendant's petition for writ of habeas corpus. We found good cause for granting the petition and allowed defendant to file his notice of appeal. In his notice of appeal, defendant appealed "based on the sentence or other matters occurring after the plea" and the "appeal challenges the validity of the plea or admission." Defendant filed a request for certificate of probable cause, which the trial court granted.

STATEMENT OF FACTS

According to the probation report, a homeowner called police reporting that four people had entered his home, ransacked and stolen his possessions, and left in the victim's vehicle. The victim described having been confronted by defendant, an old friend, who was at the victim's house, on a social call with some women. Inside the house, another male held the victim at gunpoint until defendant approached. Defendant then engaged with the others in obtaining the victim's property and tying the victim up. During the crime, defendant held the gun on the victim. When the assailants were done, they took the victim's car. The victim later identified defendant in a photo spread. The victim identified losses at $26,000.

Later, a police officer observed the stolen car. After back-up officers arrived, a vehicle stop commenced; it resulted in a high-speed chase. When the chase ended, defendant and another male were arrested. Defendant was found to have suffered a gunshot wound to his foot; defendant stated that during the chase a firearm, which was concealed between defendant's legs, fell to the floorboard and discharged. Items belonging to the victim were found in the car.

ANALYSIS

After defendant appealed, and upon his request, this court appointed counsel to represent him. Counsel has filed briefs under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the case, a summary of the facts, and potential arguable issues, and requesting this court to undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief in both cases, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have conducted an independent review of the record and find no arguable issues.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

McKinster

Acting P.J.
We concur: Richli

J.
Miller

J.


Summaries of

People v. Good

COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO
Jan 13, 2012
E054039 (Cal. Ct. App. Jan. 13, 2012)
Case details for

People v. Good

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. DONALD STEVEN GOOD, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO

Date published: Jan 13, 2012

Citations

E054039 (Cal. Ct. App. Jan. 13, 2012)