Opinion
E069748
06-21-2018
THE PEOPLE, Plaintiff and Respondent, v. DELVON ROMANE ROBINSON, Defendant and Appellant.
David R. Greifinger, 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. 16CR043799) OPINION APPEAL from the Superior Court of San Bernardino County. Gregory S. Tavill, Judge. Affirmed. David R. Greifinger, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
I
INTRODUCTION
In September 2016, defendant and appellant Delvon Romane Robinson pled no contest to second degree robbery (Pen. Code, § 211). In return, defendant was placed on formal probation for a period of three years on various terms and conditions of probation. Defendant repeatedly violated the terms and conditions of his probation. In December 2017, after being reinstated on probation, the trial court terminated defendant's probation and sentenced him to the low term of two years in state prison with 312 days of credit for time served. Defendant appeals from the judgment. Based on our independent review of the record, we find no error and affirm the judgment.
II
FACTUAL AND PROCEDURAL BACKGROUND
The factual background is taken from the probation report. --------
On August 26, 2016, defendant followed the victim on his bicycle as the victim was walking home. The victim attempted to elude defendant, but defendant eventually approached the victim from behind. Defendant then grabbed the victim and threw him to the ground. Defendant thereafter got on top of the victim, held him down, reached into his pocket, and took the victim's cell phone and a pack of cigarettes. Defendant then fled on his bicycle. The victim called law enforcement, and defendant was apprehended soon thereafter. The victim positively identified defendant as the suspect who had followed him, attacked him, and robbed him of his cell phone and cigarettes.
On August 30, 2016, a felony complaint was filed charging defendant with second degree robbery (Pen. Code, § 211).
On September 8, 2016, pursuant to a negotiated plea agreement, defendant pled no contest to the charge. In return, defendant was promised formal probation for a period of three years. On that same day, defendant was placed on probation, in accordance with his plea agreement, for a period of three years on various terms and conditions, including serving 240 days in county jail with 16 days of credit for time served.
On February 21, 2017, a petition to revoke defendant's probation was filed. The petition alleged that defendant had failed to keep his probation officer informed of his place of residence and failed to report to his probation officer in person upon his release from custody and thereafter as directed. The whereabouts of defendant were unknown. The trial court thereafter revoked defendant's probation, and a bench warrant was issued for defendant's arrest.
On May 10, 2017, defendant admitted violating his probation as alleged. The trial court thereafter reinstated defendant on probation with modified terms, including serving 365 days in county jail with 300 days of credit for time served. The court instructed defendant to report to probation within 24 hours of his release from custody or the next business day.
On June 30, 2017, another petition was filed to revoke defendant's probation. The petition alleged that defendant failed to report to his probation officer in person upon his release from custody and thereafter as directed. The whereabouts of defendant were unknown. The trial court thereafter revoked defendant's probation, and issued a bench warrant for defendant's arrest.
On December 1, 2017, defendant admitted to violating his probation as alleged. Immediately thereafter, the trial court sentenced defendant to the low term of two years in state prison with 312 days of credit for time served.
On December 21, 2017, defendant filed a timely notice of appeal and a request for certificate of probable cause. Defendant challenged the validity of his plea and his sentence, and claimed that the offense was not a robbery and should have been reduced to a misdemeanor pursuant to Proposition 47. Defendant's request for a certificate of probable cause was denied on December 27, 2017.
III
DISCUSSION
After defendant appealed, upon his request, this court appointed counsel to represent him. Upon examination of the record, counsel has filed a brief 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 conduct an independent review of the record.
We offered defendant an opportunity to file a personal supplemental brief, and he has not done so.
An appellate court conducts a review of the entire record to determine whether the record reveals any issues which, if resolved favorably to defendant, would result in reversal or modification of the judgment. (People v. Wende, supra, 25 Cal.3d at pp. 441-442; People v. Feggans (1967) 67 Cal.2d 444, 447-448; Anders v. California, supra, 386 U.S. at p. 744; see People v. Johnson (1981) 123 Cal.App.3d 106, 109-112.)
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the entire record for potential error and find no arguable error that would result in a disposition more favorable to defendant.
IV
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
CODRINGTON
J. We concur: MILLER
Acting P. J. FIELDS
J.