People v. Gaines CA4/2

Filed 7/20/15 P. v. Gaines CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E062783

v. (Super.Ct.No. FSB10844)

THURMAN GAINES, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Michael A. Smith,

Judge. (Retired judge of the San Bernardino Super. Ct. assigned by the Chief Justice

pursuant to art. VI, § 6 of the Cal. Const.) Affirmed.

David K. Rankin, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

FACTUAL AND PROCEDURAL HISTORY

On June 5, 1996, an information charged defendant and appellant Thurman Gaines

with six counts of second degree robbery under Penal Code1 section 211 (counts 1-6),

and one count of possession of a firearm by a felon under former section 12021,

subdivision (a)(1)2 (count 7). The information also alleged that defendant personally