People v. Jackson CA5

California Court of Appeal Nov 24, 2014 No. F067596Unpublished

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Holding. The court affirmed the defendant's conviction and sentence, holding that the defendant's claims regarding the validity of her plea were procedurally barred due to her failure to obtain a certificate of probable cause and were substantively refuted by the record.

Issues

Whether the defendant's claims regarding the validity of her plea are cognizable on appeal without a certificate of probable cause.
Whether the record supports the defendant's claim that she was promised probation in exchange for her plea.
Whether the trial court abused its discretion in sentencing the defendant to prison.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Defendant failed to request or obtain a certificate of probable cause and she is thus foreclosed from challenging the validity of her plea on appeal.”

“The entirety of the appellate record thus undermines defendant's claim that the court, her attorney, and/or the probation officer told her that she had either been approved for or would be placed on probation in exchange for her plea.”

Filed 11/24/14 P. v. Jackson CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F067596 Plaintiff and Respondent, (Fresno Super. Ct. No. F13903674) v.

BOBBIE DENISE JACKSON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Don Penner, Judge. Eleanor M. Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Franson, J. and Peña, J.

INTRODUCTION Appellant/defendant Bobbie Denise Jackson pleaded guilty to second degree robbery (Pen. Code, § 211) and was sentenced to the lower term of two years pursuant to a negotiated disposition. On appeal, her appellate counsel has filed a brief which summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant has asked for review of certain issues, particularly her claim that she entered her plea purportedly based on promises from the court, her attorney, and the probation officer that she would be placed on probation. We affirm. FACTS1 On the evening of May 27, 2012, defendant and a male companion entered the Target store in Clovis. They selected a child’s “sippy” cup and a black T-shirt. They left the store without paying for the merchandise. The store’s loss prevention officer saw the incident and followed defendant and her male companion out of the store. He approached and spoke to them and tried to retrieve the merchandise. Defendant became violent and aggressive. The loss prevention officer attempted to take control of defendant, but she pulled away from him. Defendant began throwing punches and a fight ensued. Two security guards arrived and pinned defendant on the ground. One security guard sat on top of her and she began vigorously biting his left arm. As defendant struggled with the security guard, the male companion grabbed her purse and began swinging it wildly in an attempt to create space between defendant and the security guards. Defendant was able to get away. Defendant and the male companion ran to a white minivan and escaped in the vehicle. The witnesses obtained the

People v. Jackson CA5

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