People v. Beltran CA2/7

Filed 6/15/15 P. v. Beltran CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B257592

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA417801) v.

BRYAN BELTRAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig E. Veals, Judge. Appeal dismissed. James Koester, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Scott A. Taryle and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

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Bryan Beltran seeks to appeal from the judgment entered following his no contest plea to one count of second degree robbery and three counts of attempted grand theft person. Beltran contends he should have been permitted to withdraw his plea before sentence was imposed pursuant to Penal Code section 10181 because another person had confessed to the crimes after his plea was entered. We dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND 1. The Preliminary Hearing Alyssa Lorenz testified that at approximately 11:40 p.m. on October 26, 2013 she, Robert Harris, Casey Amberger and Kyle Riach were walking in Pasadena when a man, whom Lorenz identified at the preliminary hearing as Beltran, approached and demanded they surrender their possessions. The man pointed at them what appeared to be a gun hidden under a cloth or a towel. He then grabbed Lorenz’s handbag by the strap, which she had looped over her shoulder and across her body. The man pulled the strap down, causing Lorenz to fall to the ground. He continued to pull the strap, while pointing the gun at Lorenz’s companions. The man eventually used enough force to pull the handbag from Lorenz’s body along with her jacket.2 The man fled with her handbag and jacket. Harris also testified and corroborated Lorenz’s account of the robbery. He identified Beltran in court as the man who had confronted them and stolen Lorenz’s handbag. 2. The Information Beltran was charged in an information filed on November 27, 2013 with one count of second degree robbery (§ 211) and three counts of attempted second degree robbery (§§ 211, 664). Beltran pleaded not guilty. 3. Beltran’s No Contest Plea On April 7, 2014, pursuant to a negotiated agreement, Beltran pleaded no contest to one count of second degree robbery and three amended counts of attempted grand theft