People v. Allen CA4/1

Filed 4/14/15 P. v. Allen CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D066401

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD135889, SCD129108) HILLERY D. ALLEN,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, David J.

Danielsen, Judge. Affirmed.

Steven S. Lubliner, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

PROCEDURAL BACKGROUND

In August 1997, in Case No. SCD129108, Hillery Darnell Allen entered a

negotiated guilty plea to battery with serious bodily injury (Pen. Code,1 § 243, subd. (d))

1 Further statutory references are to the Penal Code.

and admitted having suffered a prior serious felony conviction (§ 667, subd. (a)) based on

a 1991 Illinois conviction of burglary of an inhabited dwelling. The court dismissed a

strike (§ 667, subds. (b)-(i)) based on the same Illinois conviction and placed Allen on

probation. The court later revoked probation.

In September 1998, in Case No. SCD135889, Allen was found guilty of robbery