People v. Floyd CA2/4

Filed 12/16/14 P. v. Floyd CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B255150

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA078742) v.

ROBEAR WALLACE FLOYD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Cynthia L. Ulfig, Judge. Affirmed. Carlos Ramirez, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Robear Wallace Floyd appeals from the trial court’s order revoking probation and ordering him to serve a two-year state prison sentence, execution of which had been previously suspended. (Pen. Code, §1203.2.)1 Defendant’s counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm.

FACTUAL AND PROCEDURAL HISTORY Motor Vehicle Charge On November 12, 2013, the Los Angeles County District Attorney’s office filed an information charging defendant with receiving stolen property, a motor vehicle, in violation of section 496d, subdivision (a). The information further alleged: (1) defendant previously had been convicted of attempted robbery (sections 664 and 211), a serious or violent felony, and that defendant therefore was subject to sentencing pursuant to sections 667, subdivisions (b)-(j), and 1170.12; and (2) defendant had three prior convictions for felony offenses for which he had served a prison term and had not remained free of prison custody for a period of five years before commission of the current offense (§ 667.5, subd. (b)). On December 17, 2013, the information was amended and defendant was charged with count two, unlawfully driving or taking a vehicle, in violation of Vehicle Code, section 10851, subdivision (a). The same day, following advisement and waiver of defendant’s rights, defendant entered a plea of nolo contendere to count two. The court accepted the plea and sentenced defendant to a two-year prison term, with the execution of the sentence suspended and a three-year term of probation. The court awarded 80 days of presentence credit to defendant and ordered him to pay various fines and assessments.