People v. Chavez CA4/2

Filed 10/8/13 P. v. Chavez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E058687

v. (Super.Ct.No. FVI03804)

MICHAEL EDWARD CHAVEZ, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

Leslie Ann Rose, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Michael Edward Chavez was charged by information

with first degree residential burglary (Pen. Code, § 459, count 1)1, robbery (§ 211, counts

2 & 3), and false imprisonment by violence (§ 236, counts 4 & 5). The information also

alleged that he had two prior strike convictions. (§§ 1170.12, subds. (a)-(d) and 667,

subds. (b)-(i).) Defendant entered a plea agreement and pled guilty to count 1 and