People v. Roberson CA4/1

Filed 3/18/15 P. v. Roberson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D066737

Plaintiff and Respondent,

v. (Super. Ct. No. SCN328734)

DAMIEN DIONTAY ROBERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Blaine

Bowman, Judge. Affirmed.

Andrea S. Bitar, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Plaintiff and Respondent.

A jury convicted Damien Diontay Roberson of attempted robbery (Pen. Code,1

§§ 211 & 664). The trial court found that Roberson had suffered a serious felony prior

conviction (§ 667, subd. (a)(1)), a strike prior (§ 667, subds. (b)-(i)) and a three-year

prison prior (§ 667.5, subd. (a)) to be true.

1 All further statutory references are to the Penal Code unless otherwise specified.

The trial court denied Roberson's motion to strike the "strike" prior. The court did

strike the prison prior and sentenced Roberson to a total determinate term of nine years.

Roberson filed a timely notice of appeal.