P. v. Rios

Filed 3/2/06 P. v. Rios CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 EIGHT

APPEAL from a judgment of the Superior Court of Los Angeles County. Richard W. Lyman, Judge. Affirmed.

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

No appearance for Plaintiff and Respondent.

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One afternoon in May 2005, appellant Eric Rios shoplifted items from a Rite Aid store and kicked the store's security guards when they stopped him outside. The People filed a felony complaint against him, charging him with one count of second degree robbery. In addition, the complaint alleged he had suffered a prior conviction in 1992 for robbery, a serious felony under the Three Strikes law.

Appellant agreed to a plea bargain, pleading no contest to robbery and admitting the truth of the prior robbery allegation. Under the plea agreement, he was sentenced to the low term of two years, which was doubled as a second strike to four years.

Appellant filed a notice of appeal, for which the trial court denied a certificate of probable cause. He also sent a handwritten letter to the California Appellate Project, stating he wanted to withdraw his plea to robbery and plea instead to petty theft. His letter stated without elaboration that he had entered his plea as â€