People v. Easter CA5

Filed 12/19/24 P. v. Easter CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F087610 Plaintiff and Respondent, (Super. Ct. No. F22906748) v.

YORKUS DWAYNE EASTER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Charles J. Lee, Judge. Robert Nathan Treiman, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Smith, J. and De Santos, J.

Appointed counsel for appellant Yorkus Dwayne Easter asked this court to review the record to determine whether there are any arguable issues on appeal. (See People v. Wende (1979) 25 Cal.3d 436.) Counsel filed an opening brief that sets forth the facts relating to this appeal and includes appellant’s request that we address whether his custody credits were correctly calculated. Appellant was advised of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from appellant. Finding no arguable error that would result in a disposition more favorable to appellant, we affirm the judgment. The following is a brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) The probation report describes that on July 6, 2022, appellant and another individual approached the victim who was seated in a van. While the other individual demanded money from the victim, appellant reached into the van and grabbed the victim’s purse and fanny pack from inside. When the victim got out of the van to stop appellant, the other individual punched the victim in the face, and then appellant punched the victim in the face several times. Appellant and the other individual left with the victim’s belongings. The District Attorney of Fresno County filed a complaint on September 16, 2022, charging appellant with second degree robbery (Pen. Code,1 § 211) and alleging that appellant had a prior serious or violent felony conviction within the meaning of sections 667, subdivisions (b) through (i) and 1170.12, subdivisions (a) through (d) (the “Three Strikes” law), which was also a prior serious felony conviction within the meaning of section 667, subdivision (a). On November 15, 2023, appellant entered into an agreement with the prosecution that in exchange for his plea of no contest to the