People v. Bailey CA2/1

Filed 3/10/16 P. v. Bailey CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B266097

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. BA425262, v. GA093708)

ROBBIE EDAN BAILEY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael D. Abzug, Judge. Affirmed. Phillip A. Trevino, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Robbie Edan Bailey (Bailey) appeals the Superior Court of Los Angeles County’s judgment finding Bailey violated the terms of her probation in cases Nos. GA093708 and BA425262, revoking probation in both cases, and imposing a three-year sentence in case No. GA093708 and four years local custody in case No. BA425262. This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record, we affirm the judgment. We provide the following brief summation of the factual and procedural history of the case. (People v. Kelly (2006) 40 Cal.4th 106, 110, 124 (Kelly).) In case No. BA425262 before the San Bernardino County Superior Court,1 the People charged Bailey with perjury by declaration in violation of Penal Code section 1182; the court convicted Bailey on January 22, 2014, and placed her on probation. While on probation for case No. BA425262, Bailey committed at least one additional felony. In case No. GA093708 before the Los Angeles County Superior Court, the People filed an information charging Bailey with committing various crimes on or between June 21 and June 23, 2014. Count 1 alleged Bailey obtained money, labor, or property by false pretenses, a felony in violation of section 532, subdivision (a). Count 2 alleged Bailey had taken medical supplies and labor services from Glendale Memorial Hospital, the felony of grand theft of personal property valued at more than $950 in violation of section 487, subdivision (a). On July 17, 2015, the People filed an amended information to reflect the true count numbers. As the court had dismissed the true count 1 at a preliminary hearing, the count 1 in the original information became count 2 in the amended information and the count 2 in the original information became count 3 in the amended information. The amended information did not contain a count 1. Bailey pleaded no contest to both counts 2 and 3 and the trial court found Bailey guilty on August 28, 2014. The Los Angeles County Superior Court sentenced Bailey to