People v. Patterson CA2/1

Filed 1/6/16 P. v. Patterson CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B263542 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA100539) v. PHILLIP PATTERSON, Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Richard R. Romero, Judge. Affirmed.

California Appellate Project, Jonathan B. Steiner and Suzan E. Hier, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance by Plaintiff and Respondent.

An information, filed on October 16, 2014, charged Phillip Patterson with two counts of making criminal threats in violation of Penal Code section 422, subdivision (a) and one count of possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a). It also alleged that Patterson had a serious or violent felony conviction for attempted robbery (Pen. Code, §§ 211, 664) that qualified as a strike under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and that subjected him to a sentence enhancement pursuant to Penal Code section 667, subdivision (a)(1). The information further alleged that Patterson had served a prison term within the meaning of Penal Code section 667.5, subdivision (b). On January 20, 2015, pursuant to a waiver of his trial rights and advisements as to the consequences of his plea, Patterson pleaded nolo contendere to one count of violating Penal Code section 422, subdivision (a). He also admitted his attempted robbery conviction qualified as a “strike” and as a serious felony for the Penal Code section 667, subdivision (a)(1) enhancement. The trial court accepted Patterson’s waivers and plea. The trial court imposed a sentence under the terms of the plea agreement of 16 months for the criminal threats conviction, which the court doubled to 32 months as a “strike” offense. The court also added a five-year term for the Penal Code section 667, subdivision (a)(1) enhancement. The court imposed a restitution fine of $300 (Pen. Code, §§ 1202.4, subd. (b), 1202.45), required fees (Gov. Code, § 70373; Pen. Code, § 1465.8) and awarded Patterson pre-sentence custody and conduct credits. On April 15, 2015, Patterson filed a notice of appeal, challenging the validity of his plea and post-plea matters. Patterson requested a certificate of probable cause on the grounds that the “‘victim’ lied” and “the police report and the testimony from my preliminary hearing are two different statements.” He also complained that the trial court erred in treating his current conviction as a “strike” because the crime did not involve violence. Patterson further asserted that the court erred in failing to dismiss his “strike” conviction because the conviction occurred in 2009 and because he had “discharged his