People v. Bragg CA2/3

Filed 1/29/15 P. v. Bragg CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B257380

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA062642) v.

ERIC MONTE BRAGG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Charles A. Chung, Judge. Affirmed.

Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, Eric Monte Bragg, appeals from the judgment entered following his plea of guilty to second degree robbery (Pen. Code, § 211)1 and his admission that, as a juvenile, a petition alleging he had committed robbery (§ 211) had been sustained on or about June 15, 2011 and was now being considered a prior “strike” within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)- (d)). The trial court sentenced Bragg to six years in state prison. We affirm. FACTUAL AND PROCEDURAL HISTORY 1. Facts. On or about March 29, 2014, Bragg and two codefendants took two bottles of Vodka from a Von’s supermarket. When the manager approached the three young men, Bragg sprayed her in the face with pepper spray, causing her to suffer burns on her face and lip. 2. Procedural history In a felony complaint filed April 7, 2014, Bragg was charged with one count of mayhem (§ 203) and two counts of second degree robbery (§ 211), during one of which he inflicted great bodily injury upon the victim (§ 12022.7, subd. (a)). It was further alleged he previously had been found to have committed the serious and violent felony of robbery within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds, (a)-(d)) and, finally, it was alleged that, should Bragg be found to have committed the offenses charged, any time imposed would be served in state prison pursuant to section 1170, subdivision (h)(3). After waiving his constitutional rights and acknowledging the consequences of his plea and admission, Bragg pled guilty to one count of second degree robbery and admitted he previously had suffered a sustained juvenile petition which had alleged he committed a robbery. However, on his plea form, Bragg wrote: “I am admitting a juvenile prior 211[, robbery,] conditionally. After my admission, my attorney will review my prior strike and will bring any appropriate motions re[:] the validity of that prior. If