People v. Allen CA4/2

Filed 8/27/15 P. v. Allen 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E062968

v. (Super.Ct.No. FVI1300085)

LJ ALLEN, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Eric M. Nakata,

Judge. Affirmed as modified.

Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

On October 29, 2014, defendant and appellant LJ Allen was charged by

information with second degree robbery (Pen. Code, § 211, count 1).1 The information

also alleged that defendant had suffered seven prior prison terms. (§ 667.5, subd. (b).)

The information was later amended by interlineation to allege an added count of assault

by means likely to cause great bodily injury (§ 245, subd. (a)(4), count 3). 2 Pursuant to a

plea agreement, defendant pled no contest to count 3, in exchange for a three-year state