P. v. Floyd

Filed 1/23/07  P. v. Floyd 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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.  Michael  A. Cowell, Judge.  Affirmed.

            Valerie G. Wass, under appointment by the Court of Appeal, for Defendant and Appellant.

            No appearance for Plaintiff and Respondent.

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            Jameel Floyd appeals from a judgment entered after conviction following his negotiated plea of no contest to eight counts of second degree robbery.  Appellant also admitted Penal Code section 12022.53, subdivision (b) allegations with respect to four counts.  In accordance with the plea agreement, the court sentenced him to 32 years in prison.

            We appointed counsel to represent appellant on appeal.  After examination of the record, counsel filed an opening brief raising no issues and asking this court to independently review the record.  Following a letter from this court, appellant filed a supplemental letter brief raising several points, which we discuss.

            Appellant contends he did not commit any of the crimes and argues he could not have committed the robbery charged in count 16 because a witness said he fled from the store, but he was using a cane at the time.  He argues a video and photographs from the robbery charged in count one show a man of about 180 pounds in weight, whereas appellant weighed 296 pounds when arrested.  He argues he was not present or seen at the crime charged in count 24.  He also argues â€