People v. Andrews CA2/1

Filed 7/30/14 P. v. Andrews CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B247925

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA083237) v.

JELANI KAMAU ANDREWS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Suzette Clover and Janice C. Croft, Judges. Affirmed. ______ Holly J. Jackson, 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, Scott A. Taryle and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent. ______

Jelani Kamau Andrews appeals from the judgment entered after the trial court found him in violation of probation and executed a suspended five-year state prison term. Andrews does not contest the probation violation proceedings or his sentence. He, however, contends that the trial court committed prejudicial error by failing to appoint counsel for him on the scheduled day of and continue the preliminary hearing on a petty theft charge, which was held in conjunction with the parole violation hearing, even though the petty theft charge ultimately was dismissed. We affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND An amended information, filed on October 6, 2011, charged Andrews with (1) second degree robbery (Pen. Code, § 2111); (2) assault with a deadly weapon (§ 245, subd. (a)(1)); and (3) petty theft with three priors (§ 666, subd. (a)). As to the robbery, the information specially alleged that Andrews had used a deadly or dangerous weapon in committing the offense. (§ 12022, subd. (b)(1).) The information also specially alleged that Andrews had served four prior prison terms within the meaning of section 667.5, subdivision (b). On July 31, 2012, Andrews pleaded no contest to second degree robbery. The trial court sentenced Andrews to the upper term of five years in state prison but suspended execution of sentence and placed him on formal probation. The court dismissed the remaining two counts and special allegations. During these proceedings, Andrews represented himself for the preliminary hearing and other court appearances, but ultimately relinquished his pro. per. status and consented to his standby counsel becoming appointed counsel for him. That appointed counsel represented him with respect to his no contest plea and sentence. Several months later, on October 10, 2012, Andrews appeared in court after he had been arrested for petty theft. At his request, Andrews represented himself, and the trial court found a knowing and intelligent waiver of the right to counsel. The court revoked probation based on the arrest and set the matter for a preliminary hearing on the petty theft charge and a formal probation revocation hearing.