People v. Costa CA4/2

Filed 4/30/14 P. v. Costa 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E060052

v. (Super.Ct.No. RIF1309969)

DANIEL JOAO COSTA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Becky L. Dugan, Judge.

Affirmed.

Melanie K. Dorian, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant Daniel Costa is serving seven years in prison on his first strike after

pleading guilty to using a firearm to rob a man of his iPod. As discussed below, we

affirm his conviction.

1

On September 2, 2013, defendant used a Glock .45-caliber handgun to rob the

victim of his iPod.

On September 5, 2013, the People filed a three-count felony complaint alleging

defendant committed robbery (Pen. Code, §211),1 discharged a weapon at an inhabited

dwelling, occupied building or occupied motor vehicle (§ 246) and was a felon in