People v. Janney CA2/3

Filed 8/25/15 P. v. Janney 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B260499

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054035) v.

PAUL WERNER JANNEY,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed.

Elana Goldstein, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_____________________

Appellant Paul Werner Janney appeals following revocation of probation previously granted after his plea of no contest to second degree robbery. (Pen. Code, § 211.) The court ordered lifted the suspension of execution of appellant’s previously imposed prison sentence of five years. We affirm. FACTUAL AND PROCEDURAL SUMMARY 1. The Present Offense. The record reflects that on September 11, 2011, appellant and his wife Laurel Janney (Laurel) were in their Lancaster home when appellant threatened to kill Laurel if she did not give him money. She had $200 but did not want to give him money because he was a drug addict. In an effort to take money from Laurel, appellant pulled her neck back and put his hand over her mouth. He also grabbed her face while trying to muffle her screams, and he scratched her left cheek and the right portion of her chin. Appellant robbed Laurel of $20, then fled. Laurel immediately called 911. Appellant ran back inside the residence and said, “Oh, bitch. I’m going to get you. If you don’t give me that money, I will bury you in the dirt.” The information filed on October 4, 2011, alleged that on or about September 11, 2011, appellant committed second degree robbery, criminal threats, and corporal injury to a spouse (counts 1 through 3, respectively). On October 13, 2011 (and at all times below mentioned), appellant was represented by counsel and, on October 13, 2011, appellant pled not guilty to the charges. On December 12, 2011, the People announced they were unable to proceed. The court, on appellant’s motion, dismissed the case pursuant to Penal Code section 1382. The information was refiled that day and appellant pled not guilty. On February 7, 2012, appellant indicated he would enter a negotiated plea. The court advised appellant about the nature and consequences of his plea. During the advisement, the court stated, “If you ever violate probation on this case, you could go to prison for up to five years,” parole usually lasted up to three years, and appellant could return to prison for up to one year for each parole violation. The court asked appellant, “Do you understand that?” and appellant replied yes. After appellant waived his