People v. Robert CA2/5

Filed 10/21/24 P. v. Robert CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B333640

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA477679) v.

JOHN ROBERT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Charlaine F. Olmedo, Judge. Affirmed. Esther R. Sorkin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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John Robert appeals from his conviction by no contest plea of attempted murder (Pen. Code,1 §§ 664/187, subd. (a), count 1) and admission of an associated gang allegation (§ 186.22, subd. (b)(1)(C)). This case comes before us for review under the procedures prescribed in People v. Wende (1979) 25 Cal.3d 436, 441–442 (Wende). At the preliminary hearing2 evidence was adduced that in 2018, while incarcerated in jail, Robert and several other inmates attempted to kill a former fellow Southside criminal gang member. Robert was charged with willful, deliberate, and premeditated murder (§§ 664/187, subd. (a), (count 1)), and it was alleged that he committed the crime in association with, at the direction of, and/or for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). Following a preliminary hearing, Robert pleaded guilty to attempted murder and admitted the gang allegation. The trial court sentenced Robert to the negotiated term of seven years in prison, plus 10 years for the gang allegation. The court awarded Robert 1,827 days of credit. Robert timely appealed and requested a certificate of probable cause, which the trial court denied. We issued an order