People v. Adams CA4/3

Filed 10/10/14 P. v. Adams 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G049055

v. (Super. Ct. No. 12CF0062)

DELVON LAVEL ADAMS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Patrick H. Donahue, Judge. Affirmed. Jared M. Hartman, 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, Barry Carlton and Karl T. Terp, Deputy Attorneys General, for Plaintiff and Respondent. * * *

Defendant was convicted on three counts of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)). On each count, he was sentenced to the mid-term of three years in state prison, which was doubled to reflect a prior strike (Pen. Code, §§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)). The sentences were to run concurrently. Additionally, the court imposed a 10-year firearm enhancement. (Pen. Code, § 12022.53, subd. (b)) and a five-year prior serious felony enhancement (Pen. Code, §§ 667, subd. (a)(1), 1192.7, subd. (c)). The total prison sentence was 21 years. Defendant raised one issue on appeal: that the victim restitution award of $75 was an abuse of discretion. Defendant claims the evidence showed at most $55 was taken. We find no abuse of discretion and affirm.

FACTS