People v. White CA4/3

Filed 9/17/14 P. v. White CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE,

Plaintiff and Respondent, G048783

v. (Super. Ct. No. 11NF3599)

CORY JAMES WHITE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, John Conley, Judge. Affirmed. Christine Vento, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Arlene Sevidal and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.

* * *

A jury convicted defendant Cory James White of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (b); all further undesignated statutory references are to this code) and found he personally used a firearm (§ 12022.53, subd. (b)). The court found defendant had suffered a prior serious felony conviction and two prior strike convictions. The court also found true two prior prison term enhancements. Defendant was sentenced to prison for 25 years to life plus 15 years. Defendant’s appeal raises two issues. First, he contends insufficient evidence supports the firearm enhancement and second, the court abused its discretion in declining to strike one of his prior convictions. We disagree and affirm the judgment.

FACTS