P. v. Green
Filed 8/4/06 P. v. Green CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. ROBERT ALEXANDER GREEN, Defendant and Appellant. | B187417 (Los Angeles County Super. Ct. No. LA043881) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Kathryne Ann Stoltz, Judge. Modified and, as so modified, affirmed.
Robert Derham, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_________________________
Robert Alexander Green appeals the judgment entered after conviction following his plea of no contest to two counts of robbery. (Pen. Code, § 211.)[1] Pursuant to a plea bargain, Green admitted the personal use of a firearm within the meaning of section 12022.53, subdivisions (b), admitted one prior conviction within the meaning of the Three Strikes law (§§ 667, subs. (b)-(i), 1170.12) and section 667, subdivision (a)(1), and admitted a prior prison term within the meaning of section 667.5, subdivision (b). In exchange, the trial court sentenced Green to a term of 22 years in state prison.
We order the abstract of judgment modified to reflect the negotiated disposition of the parties and, as so modified, affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On September 1, 2003, at approximately 3:00 p.m., Green exited a Saturn, approached four individuals in a vehicle, made gang references and demanded property. Green claimed he had a firearm wrapped in a white towel. Green obtained property from three of the four occupants of the vehicle, then fled.
About three hours later, Los Angeles Police Officer Matthew Garza saw Green associating with a known gang member in violation of Green's parole. Green fled into the residence of one Katarina Causey but was eventually captured. In a black Saturn parked illegally near the scene of Green's arrest, Garza found a rental agreement for the Saturn in Green's name and papers belonging to one of the robbery victims.
Green was charged with three counts of robbery and one count of attempted robbery with respect to the individuals he accosted in the car. Green was charged with burglary and false imprisonment of a hostage with respect to his entry into Causey's home. The information alleged all of Green's offenses had been committed for the benefit of a criminal street gang and that Green personally used a firearm in the commission of the robberies. The information also alleged one prior prison term within the meaning of section 667.5, subdivision (b), and one prior conviction within the meaning of the Three Strikes law and section 667, subdivision (a)(1).
Green filed numerous pre-trial motions including a motion to sever the trial of the robbery counts from the burglary and hostage counts, and a motion to suppress the evidence found in the Saturn. After the trial court denied both motions, Green entered into a plea bargain which resulted in imposition of the 22-year prison term.
CONTENTIONS
We appointed counsel to represent Green on this appeal. After examination of the record, counsel filed an opening brief which raised no issues and requested this court to conduct an independent review of the record.
Green has filed a supplemental opening brief in which he claims the trial court erroneously denied the severance and suppression motions.
DISCUSSION
1. Any error in the denial of Green's severance motion is not cognizable on appeal following Green's plea of no contest and, in any event, joinder was proper.
