People v. Hall CA3

Filed 5/22/14 P. v. Hall CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C069609

Plaintiff and Respondent, (Super. Ct. No. 08F09312)

v.

MASHAI TILLMAN HALL et al.,

Defendants and Appellants.

Defendants Mashai Tillman Hall and Anthony Xavier Flynn appeal following convictions for second degree robbery (Pen. Code, § 211)1 on pleas of nolo contendere. Hall’s sole challenge is to the trial court’s imposition of a $60 crime prevention fine pursuant to section 1202.5. Hall says it should be $10; the People say it should be

1 Undesignated statutory references are to the Penal Code in effect at the time of defendants’ crimes in 2008.

1

$20. We order Hall’s section 1202.5 crime prevention fine reduced to $10. We otherwise affirm the judgment as to Hall. Flynn’s attorney filed a brief asking this court to review the record for error pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Flynn himself asked for, and we granted, an extension of time for him to file a supplemental brief challenging the trial court’s denial of a motion to suppress evidence. However, Flynn never filed the brief. We have reviewed the record as required by Wende, and find no arguable error that would result in a disposition more favorable to defendant Flynn. We do, however, note a typographical error in Flynn’s abstract of judgment which inaccurately refers to Government Code section “703.73” as the basis for a court facility fee. The correct section number is Government Code section 70373. As corrected, we affirm the judgment as to Flynn.

FACTUAL AND PROCEDURAL BACKGROUND

This appeal involves robberies at two banks, initially filed as separate actions. The first action, case No. 08F09312, charged Hall, Flynn and others who are not parties to this appeal with a November 13, 2008 robbery. The second action, case No. 10F01962, charged Hall and others who are not parties to this appeal with an earlier robbery, which occurred on October 31, 2008. In August 2010, the prosecution moved to consolidate the two cases pursuant to section 954 on the ground that the charged crimes are “different offenses of the same class of crimes,” noting that both cases involve “bank robberies pursuant to section 211 of the Penal Code.” On August 25, 2010, the trial court granted the consolidation motion. The court minutes indicate that, in granting consolidation, the trial court dismissed case No. 10F01962 as superseded by an amended consolidated information in case No. 08F09312, which was deemed the lead case.