People v. West CA4/2

Filed 12/7/15 P. v. West 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E063806

v. (Super.Ct.No. FVI019995)

MARQUISE DESEAN WEST, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. John M. Pacheco,

Judge. Affirmed.

Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant Marquise West was sentenced to 12 years in prison after pleading

guilty to second degree robbery with a firearm enhancement. He appeals from the

superior court’s order denying his petition to have his conviction re-designated a

misdemeanor under Proposition 47. We affirm the court’s ruling.

1

FACTS AND PROCEDURE

On September 29, 2004, defendant used force and fear to take personal property

from the victim; from the charging documents, it appears this took place during the