People v. Delgadoplatero CA2/1

Filed 7/28/14 P. v. Delgadoplatero CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B245479

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA396779) v.

OSCAR DELGADOPLATERO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Dennis J. Landin, Judge. Affirmed. ______ Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Eric E. Reynolds and Margaret E. Maxwell, Deputy Attorneys General, for Plaintiff and Respondent. ______

After obtaining a certificate of probable cause, Oscar Delgadoplatero appealed from the judgment entered based on his no contest plea to one count of attempted second degree robbery and one count of second degree robbery. He contends that the trial court erred when it denied his motion to disqualify his codefendant’s counsel and her office. Because denial of the motion does not present a basis for reversal, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND A four-count information, filed on June 21, 2012, charged Delgadoplatero with (1) receiving stolen property (Pen. Code, § 496, subd. (a)1) (count 1); (2) second degree robbery (§ 211) (counts 2 and 4); and (3) attempted second degree robbery (§§ 664, 211) (count 3). The information specially alleged that Delgadoplatero had suffered one prior robbery conviction that qualified as a serious felony under section 667, subdivision (a)(1), and as a serious or violent felony within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The same information charged two codefendants, Delgadoplatero’s girlfriend and his sister, with the second degree robbery in count 2 and the attempted second degree robbery in count 3. Delgadoplatero pleaded not guilty to all counts and denied the special allegations. Codefendants also pleaded not guilty. Delgadoplatero filed a motion to disqualify his girlfriend’s counsel, Rene Williams of the Alternate Public Defender (APD) and her office, on the ground that Williams had represented him in the case alleged in the information as a prior conviction, a June 2011 robbery for which he had entered a plea bargain and was serving probation. The grounds for the motion were that (1) the APD could introduce evidence at trial from the June 2011 case pursuant to Evidence Code section 1101, subdivision (b); (2) Delgadoplatero’s anticipated defense was that his codefendants were the actual perpetrators in the second degree robbery in count 2 and the attempted second degree robbery in count 3 and Williams’s knowledge of Delgadoplatero’s prior case could