People v. Robbins CA2/5

Filed 12/8/15 P. v. Robbins CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B264399

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA031673) v.

TERRANCE LIONEL ROBBINS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jose I. Sandoval, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant, Terrance Lionel Robbins, appeals from the denial of his motion to correct a legally unauthorized sentence. We appointed counsel to represent defendant on appeal. After examination of the record, appointed appellate counsel filed an “Opening Brief” in which no issues were raised. Instead, appointed appellate counsel requested we independently review the entire record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.) On August 13, 2015, we advised defendant he had 30 days within which to personally submit any contentions or arguments he wished us to consider. No response has been received. We have examined the entire record and there are no grounds to modify the August 22, 1997 indeterminate sentence. Defendant was convicted on October 7, 1982, of deadly weapon assault. (Pen. Code1, § 245, subd. (a); Stats. 1980, ch. 1340, § 3.2, p. 4719.) On December 21, 1988, defendant was convicted following a jury trial of two counts of second-degree robbery. (§ 211.) On June 17, 1997, defendant was again convicted of second degree robbery. On August 22, 1997, defendant received an indeterminate 35-years-to-life sentence. He received 25 years to life for the second degree robbery conviction. (§§ 667, subd. (e)(2)(A), 1170.12, subd. (c)(2)(A); Stats.1994, ch. 12, § 1, pp. 71, 74; Stats. 1994, Initiative Statutes, Prop. 184, pp. A-314, A-316.) In addition, defendant received two additional section 667, subdivision (a) five year enhancements because of his prior 1988 serious felony convictions The prior serious felony conviction enhancement was later reduced to five years. On May 24, 2000, defendant was formally resentenced to a term of 30 years to life. It is this indeterminate sentence that defendant challenged in the trial court in his motion to correct a legally unauthorized sentence. In the trial court, defendant relied upon People v. Vargas (2014) 59 Cal.4th 635, 638-639. In Vargas, our Supreme Court held: “Defendant’s two prior felony convictions—one for robbery and one for carjacking—were not only tried in the same proceeding and committed during the same course of criminal conduct, they were based