People v. Davis CA4/1

Filed 1/26/16 P. v. Davis CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D068138

Plaintiff and Respondent,

v. (Super. Ct. No. SCS273151)

MICHAEL EARL DAVIS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Francis M.

Devaney, Judge. Affirmed.

Jennifer A. Gambale for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

A jury convicted Michael Earl Davis of one count of robbery (Pen. Code,1 § 211).

Davis admitted three serious felony prior convictions (§ 667, subd. (a)(1)) and three

strike priors based on the same convictions (§ 667, subds. (b)-(i)). The court struck two

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

of the "strike" priors and imposed a determinate sentence of 25 years in prison. Davis

filed a timely notice of appeal.

Appellate counsel has filed a brief pursuant to People v. Wende (1979) 25

Cal.3d 436 (Wende), indicating she has been unable to identify any reasonably arguable