People v. Roberts CA4/1

Filed 10/22/15 P. v. Roberts CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D067651

Plaintiff and Respondent,

v. (Super. Ct. No. SCD118963)

JAMES RAY ROBERTS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Jeffrey F.

Fraser and Christine V. Pate, Judge. Affirmed.

Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance by Respondent.

In 1996, James Ray Roberts was convicted of petty theft (Pen. Code,1 § 484) and

giving false information to a police officer (§ 148.9, subd. (a)). The court found true two

serious/violent felony prior convictions (§ 667, subds. (b)-(i)). The court also found true

1 All further statutory references are to the Penal Code unless otherwise specified.

the allegation under section 666 of a prior theft-related conviction, which elevated the

petty theft conviction to a felony. Roberts was sentenced to an indeterminate term of 25

years to life.

In December 2014, Roberts filed a petition for writ of habeas corpus with the