P. v. Laws CA5

Filed 7/30/13 P. v. Laws 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F062536

v. (Super. Ct. Nos. TF005547A & BF132946A) ANTHONY LAWS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John Lua, Judge. Peter Dodd, 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 Wiseman, Acting P.J., Cornell, J., and Poochigian, J.

It was alleged by amended information filed January 12, 2011, that appellant, Anthony Laws, committed three counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c);1 counts 1, 2 and 3), and one count of possession of a firearm by a felon (§ 12021, subd. (a)(1); count 4), and that he personally used a knife in committing the count 1 and 3 offenses, personally used a firearm in committing the count 2 offense, committed the count 1 offense while released on bail, and that he had served three separate prison terms for prior felony convictions (§ 667.5, subd. (b)). Appellant pled not guilty to all charges and denied all special allegations, and jury trial began on April 13, 2011. Also on that date, another amended information was filed, identical to the one filed in January 2011, with the exception that it also alleged that appellant had suffered a “strike.”2 In the midst of trial, on April 21, 2011, appellant, pursuant to a plea agreement, pled no contest to the three robbery counts and admitted the strike allegation, and the court, pursuant to the prosecution motion, dismissed count 4 and all remaining special allegations on the condition that the plea remained in effect. On May 19, 2011, the court imposed the agreed-upon term of 12 years, calculated as follows: six years on counts 1 and 2, consisting of the five-year upper term on count 1 plus one year, representing one-third of the middle term on count 2, with the six-year total doubled pursuant to the three strikes law (§§ 667, subd. (e)(1); 1170.12, subd. (c)(1)).