People v. Robinson CA1/2

Filed 11/26/14 P. v. Robinson CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A139131 v. KEVIN LEE ROBINSON, (Solano County Super. Ct. No. FCR299323) Defendant and Appellant.

INTRODUCTION Defendant Kevin Lee Robinson appeals from a trial court order denying his petition for a writ of error coram nobis seeking to have a 1984 judgment against him vacated. Robinson now argues that a valid plea was never taken in the 1984 case and, therefore, this issue could be raised at any time, and it was an abuse of discretion to deny his petition. We disagree and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In December 1983, when he was 16 years old, Robinson was charged with eight counts of robbery, five of which involved an enhancement for carrying a weapon. A month later, in January 1984, defendant and his counsel appeared for the preliminary hearing on the matter. At that time, defense counsel informed the court that “with the court’s approval, the district attorney has offered to allow Robinson to enter a plea of guilty to count 1 with use pursuant to Penal Code section 12022(b), to count 2, count 5 and to count 8, and then she in exchange would move to dismiss counts 3, 4, 6 and 7.”

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After questioning her client on his understanding of the terms of the plea, the rights he was waiving and the consequences of the plea (all of which defendant said he understood and was willing to waive), defense counsel then asked Robinson to admit the allegations in each of the four counts to which he was entering a plea. She first asked him, “Are you therefore saying that you are guilty and agreeing that on or about September 29, 1983, you did willfully, unlawfully, and by means of force or fear take something away from Stephanie Monney at Po’s Mobil Station?” Robinson responded, “Yes.” Counsel then asked him, “Are you also agreeing on or about October 13 you did willfully, unlawfully, and by means of force and fear take away some property from Rosemary Wallace at Winchell’s Donuts?” Robinson answered, “Yes.” Counsel then asked him if he was “also agreeing that on or about November 2, 1982, that you did willfully, unlawfully, and by means of force or fear take some property away from Vernette Fine and Madeline Denio at Carousel of Uniforms?” Robinson answered “Yes.” Counsel finally asked defendant if he was “also admitting that on or about November 5, 1983 that you did willfully and unlawfully and by means of force or fear take some property away from Karla Baxley at Pluto’s and further that in doing this you had a knife with you?” Robinson again answered “Yes.” When counsel asked him if he had “any questions about what we are doing right now?”, Robinson said he did not. The trial court then said, “The voir dire is complete. The court will accept the pleas of guilty to counts I, II, V and VIII with the admission of the use of the knife on Count VIII. All other charges will be dismissed and the matter will be certified to the Superior Court in and for the County of Solano for pronouncement of judgment and sentence.” The court committed Robinson to the California Youth Authority for six years. He was released around the end of 1986.