People v. Deshone CA2/4

Filed 5/3/16 P. v. Deshone CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B262327

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA386199) v.

JEREMY SHANTELL DESHONE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Drew E. Edwards, Judge. Affirmed. Nikoo N. Berenji, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION Defendant Jeremy Shantell Deshone appeals from his conviction following a nolo contendere plea to a violation of Penal Code section 211,1 and the trial court’s denial of defendant’s motion to withdraw his plea. We have reviewed the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 441 (Wende) and see no arguable error that would result in a determination more favorable to defendant. We therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND The facts of the crime are taken from the transcript of the preliminary hearing. Victim Gino T. placed an iPad for sale on Craigslist. A man contacted Gino about the iPad, and agreed to meet near Gino’s apartment in Los Angeles. Gino met three men in a Mitsubishi Lancer at the curb outside his apartment. Defendant was seated in the back seat on the passenger side. Gino had a new iPad in the manufacturer’s box. Defendant and the man sitting in the front passenger seat asked to see the iPad, so Gino opened the box, took the iPad out, and showed it to them without handing it to them. Defendant grabbed the iPad but Gino did not let go, so Gino was pulled partway into the car. Gino saw that as defendant was pulling the iPad with his left hand, defendant’s right hand was on or near the grip of a gun in his waistband. Gino let go of the iPad and withdrew from the car, and the men drove away. Gino went into his apartment to get his keys, got in his car, and chased the men several blocks in an attempt to get a license plate number, but was unsuccessful. He simultaneously called 911, and the operator instructed him to stop chasing the men, so he went back home. The man in the front passenger seat later admitted to being present when the crime occurred, and reported that the iPad was pawned at a pawn shop for $50. The People charged defendant with robbery in violation of section 211. At some point not reflected in the record on appeal, the People added an enhancement alleging personal use of a firearm in the commission of the crime in violation of section 12022.53, subdivision (b). Defendant initially pleaded not guilty at his arraignment on November