People v. Crosby CA5

Filed 11/4/14 P. v. Crosby CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F068084

v. (Super. Ct. No. BF146351A)

KAREEM CROSBY, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Kern County. David R. Lampe, Judge. John F. Schuck, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Craig S. Meyers, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Gomes, Acting P.J., Kane, J., and Franson, J.

Defendant Kareem Crosby was convicted by no contest plea of petty theft with a prior (Pen. Code, § 666, subd. (b)).1 On appeal, he contends the trial court erred in denying his motion to withdraw his plea. We affirm. PROCEDURAL SUMMARY On January 23, 2013, the Kern County District Attorney charged defendant with second degree robbery (§ 212.5, subd. (c); count 1) and petty theft with a prior (§ 666, subd. (b); count 2). The complaint further alleged defendant had suffered two prior strike felony convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and two serious felony convictions (§ 667, subd. (a)), and had served four prior prison terms (§ 667.5, subd. (b)). On February 5, 2013, defense counsel declared a doubt as to defendant’s competency, and the trial court suspended criminal proceedings pursuant to sections 1367 and 1368. On March 26, 2013, the trial court found defendant competent to stand trial pursuant to section 1368 and reinstated criminal proceedings. On April 9, 2013, defendant pled no contest to petty theft with a prior and admitted suffering two prior strike felony convictions and serving two prior prison terms. On June 10, 2013, the date set for sentencing, defendant moved to relieve his public defender. The trial court granted the motion, appointed new counsel, and continued the case. On July 31, 2013, defendant moved to withdraw his plea. On August 23, 2013, the trial court denied the motion and sentenced defendant to an eight-year prison term, according to the plea agreement.