People v. Crowder CA2/5

Filed 10/31/13 P. v. Crowder CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B247921

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA395785) v.

HERMAN CROWDER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara R. Johnson, Judge. Affirmed. Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Pursuant to a plea agreement, appellant pled guilty to robbery (Pen. Code, § 211)1 and no contest to committing criminal threats (§ 422, subd. (a)). In addition appellant admitted he committed the robbery for the benefit of, at the direction of, or in association with a criminal street gang (§ 186.22, subd. (b)(1)). Appellant also admitted he had a prior qualifying felony conviction for robbery as a juvenile under the Three Strikes Law (§ 1170.12, subds. (a)-(d)). Approximately one month later, at his sentencing hearing, appellant made a motion to withdraw his plea. The motion was denied and he was sentenced, pursuant to the plea agreement, to 14 years 4 months in state prison.

FACTS

Colin Smith lived with his girlfriend Deborah Contreras. Appellant, an admitted Black P. Stones gang member, went to their apartment accompanied by fellow gang members. Appellant had engaged in a gang-related altercation with Contreras’s brother the previous day. Appellant arrived at the apartment carrying a semiautomatic handgun. Appellant demanded $400 or he would kill Contreras’s brother, as well as everyone in the house. The family came up with $200 and appellant left, indicating their safety was not guaranteed. Smith and Contreras were so frightened by the incident that they moved out of the apartment. DISCUSSION