People v. Merriman CA2/7

Filed 1/6/15 P. v. Merriman CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B254085

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA078920) v.

DOMINIQUE ANDRE MERRIMAN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mark E. Windham, Judge. Affirmed. Maxine Weksler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Dominique Andre Merriman appeals from the trial court’s denial of his motion to withdraw his plea. We affirm. Merriman was arrested and charged in an information with committing six counts of second degree robbery against separate victims (Pen. Code, § 211),1 one count of kidnapping (§ 207, subd. (a)) and one count of kidnapping to commit robbery (§ 209, subd. (b)(1)) in August and September 2013. As to all counts, the information specially alleged Merriman had personally used a deadly and dangerous weapon in the commission of the offenses (§ 12022, subd. (b)(1) and suffered a prior serious or violent felony conviction (for robbery in Oregon) within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and section 667, subdivision (a)(1). Merriman was represented by appointed counsel, deputy public defender Many. Merriman’s motion to replace appointed counsel (People v. Marsden (1970) 2 Cal.3d 118 (Marsden)) was heard and denied. On February 14, 2013, Merriman entered a negotiated plea of no contest to kidnapping and one count of second degree robbery and admitted the weapon-use and prior conviction allegations. As part of the plea agreement, Merriman was to be sentenced to an aggregate state prison term of 24 years and the remaining counts were to be dismissed. At the time he entered his plea Merriman, who was represented by Ms. Many, was advised of his constitutional rights and the nature and consequences of the negotiated agreement. The trial court found a factual basis for the plea and expressly found Merriman’s waivers and plea were voluntary, knowing and intelligent. The sentencing hearing was continued to June 17, 2013. In June 2013, Merriman’s case was transferred from the Beverly Hills Courthouse to the Airport Courthouse, where his proceedings were handled by three different bench officers and a different public defender, Patsy Ward, assumed Merriman’s representation.