People v. Brown CA2/2

Filed 8/5/14 P. v. Brown CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B250551

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA396766) v.

DEANDRE JERROD BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. C. H. Rehm, Jr., Judge. Affirmed with directions.

James Koester, 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, Margaret E. Maxwell and Eric E. Reynolds, Deputy Attorneys General, for Plaintiff and Respondent.

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The People filed an information charging appellant Deandre Jerrod Brown with one count of possession of a weapon while in custody (Pen. Code, § 4502, subd. (a)),1 a felony. The information alleged that appellant had suffered a prior juvenile adjudication of robbery in 1997 (a prior strike) (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had served two prior prison terms (§ 667.5, subd. (b)). Pursuant to plea negotiations, the information was amended to add a violation of section 4502, subdivision (b), attempted manufacture or possession of a weapon while in custody, also a felony. Appellant pled guilty to the amended count two. Count one and the prior prison allegations were dismissed on the People’s motion. Following a court trial, the prior juvenile adjudication was found to be true. Appellant was sentenced to a total of 16 months in state prison (consisting of the midterm of eight months doubled because of the prior strike), to be served consecutively to the sentence previously imposed in another case numbered BA393566. Appellant contends that the trial court erred in failing to conduct an evidentiary hearing regarding the constitutional validity of his admission to the alleged charge in the prior juvenile case. We disagree, but we direct the trial court to correct the abstract of judgment to reflect appellant’s presentence custody credit. FACTS Because appellant entered a guilty plea here and the underlying facts are not at issue, we only briefly offer this summary: On April 7, 2011, Los Angeles County Sheriff’s Deputy Brandon Longoria was working at the Los Angeles County jail, where appellant was an inmate. Deputy Longoria found a comb with a razor blade attached to its bristles in appellant’s cell. Appellant admitted that the comb and razor were his and said that he used it to cut his hair. According to Deputy Longoria, combs with razors attached to the bristles were commonly used as slashing devices by inmates.