P. v. Proctor CA2/7

Filed 12/9/13 P. v Proctor CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B245973

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA390864) v.

JAMES SYLVESTER PROCTOR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Patricia Schnegg, Judge. Affirmed. James Sylvester Proctor, in pro. per., and David Blake Chatfield, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ___________________________________

James Sylvester Proctor was shot during a confrontation with police in which he threatened three officers with a meat cleaver. Proctor was arrested and charged in an information with three counts of assault with a deadly weapon on a peace officer (Pen. Code, § 245, subd. (c))1 and one count of exhibiting a deadly weapon to resist arrest (§ 417.8) with special allegations he had suffered one prior serious or violent felony conviction within the meaning of section 667, subdivision (a)(1), and the three strikes law (§§ 667, subds. (b)-(i); 1170.12, subds. (a)-(d)) and had served 13 prior separate prison terms for felonies (§ 667.5, subd. (b)). Represented by counsel, Proctor pleaded not guilty and denied the special allegations. The trial court granted Proctor’s motion for discovery of police personnel records (Evid. Code, § 1045; Pitchess v. Superior Court (1974) 11 Cal.3d 531), reviewed the records at an in camera hearing and found discoverable information, which was provided to Proctor. On the day trial was to begin, Proctor waived his rights to a jury trial and entered a plea of no contest to one count of assault with a deadly weapon (§ 245, subd. (a)(1)) and admitted he had suffered a prior strike conviction. The plea was part of a negotiated agreement that Proctor would be sentenced to an aggregate state prison sentence of four years and the remaining counts and special allegations would be dismissed. At the time he entered his plea, Proctor was advised of his constitutional rights and the nature and consequences of the plea, which he stated he understood. Defense counsel joined in the waivers of Proctor’s constitutional rights. The trial court expressly found Proctor’s waivers and plea were voluntary, knowing and intelligent. The trial court sentenced Proctor to a four-year state prison term, consisting of the two-year lower term doubled under the three strikes law in accordance with the plea agreement. The court awarded Proctor presentence custody credit of 692 days (346 actual days and 346 days of conduct credit). The court ordered Proctor to pay a $40 court security fee, a $30 criminal conviction assessment and a $240 restitution fine. The