People v. Lane CA2/4

Filed 12/23/13 P. v. Lane CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B243073

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA089685) v.

GREGORY LANE,

Defendant and Appellant.

APPEAL from judgment of the Superior Court of Los Angeles County, Tomson T. Ong, Judge. Affirmed. Law Office of Frank Bazadier and Frank Bazadier for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Mary Sanchez and David Zarmi, Deputy Attorneys General, for Plaintiff and Respondent. ______________________________

Defendant Gregory Lane raises a single issue in his appeal from convictions of robbery and attempted robbery, possession of a firearm and of ammunition by a convicted felon, carrying a concealed firearm and assault, with true findings of personal use of a firearm. The issue raised is that his attorney rendered ineffective assistance because he failed to properly advise defendant “with respect to the People’s last offer of 12 years on the eve of trial, where [in the opinion of appellate counsel for defendant] no doubt existed as to Mr. Lane’s guilt.” Defendant received an aggregate sentence of 21 years in state prison. Defendant’s appellate counsel does not cite to the record with respect to a plea offer by the People, and we find nothing in the record before us that indicates that any offer was made, let alone what it was. We shall affirm the conviction,

FACTUAL AND PROCEDURAL SUMMARY In the early morning hours of August 4, 2011, Racquel Raya and Darlene Walls were in the parking lot of a store in Harbor City, near the intersection of Pacific Coast Highway and Normandie Avenue. Both women were nurses’ aides at a nearby hospital. They were approached by defendant, who asked to borrow a phone. Walls told defendant that they did not have a phone. Defendant then reached into a pocket in clothing he was wearing and pulled out a gun, saying, “I bet if I got this out, you would give me your phone,” and asking “What if I jack you all?”, waving the gun in their direction. Raya was afraid for her life. Defendant then replaced the gun in a pocket and asked for money. Raya gave him some coins and tried to distract him as he was fidgeting with the gun. Defendant appeared upset and told Walls “That bitch is getting me mad”; Raya replied, “Don’t worry, just go use the phone. It’s okay, you have change now, you can use the phone. You got to put the change in.” Defendant walked to a nearby phone booth and Raya and Walls walked to the store. Upon entering, they told the employee there to lock the doors and call police since the man who accosted them had a gun. As the employee called 911, defendant came to the door of the store, was unable to open it, and walked in the direction of the rear of the store. Los Angeles police officers arrived within minutes, and were directed by Raya