People v. Everett CA2/7

Filed 7/18/16 P. v. Everett CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B262099

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YAO84595) v.

RONALD EVERETT JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Scott T. Millington, Judge. Affirmed. Melissa Hill, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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Ronald Everett Jr., along with two confederates, John Ross Craig and Trevon Deshawn Tresvant, was charged in an information with five counts of kidnapping for the purpose of robbery (Pen. Code, § 208, subd. (b)(1)),1 one count of attempted robbery (§§ 211, 664) and seven counts of second degree robbery (§ 211). The information specially alleged as to all 13 counts that a principal had personally used a firearm in committing the offenses (§ 12022.53, subds. (b) & (e)(1)) and that each offense was committed to benefit a criminal street gang (§ 186.22, subd. (b)(1)(C)). The information also specially alleged that Everett had suffered one prior serious or violent felony conviction within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12) and section 667, subdivision (a)(1), and had served one prior prison term for a felony (§ 667.5, subd. (b)). Everett pleaded not guilty to the charges and denied the special allegations. On January 15, 2015 Everett agreed, orally and in writing, to plead no contest to two counts of second degree robbery and to admit the firearm-use allegations as to both counts, as well as the prior conviction allegations.2 At the time he entered his plea, Everett was advised of his constitutional rights and the nature and consequences of the plea, which he stated he understood. Everett’s counsel joined in the waivers of his constitutional rights. The trial court expressly found Everett’s waivers, plea and admissions were voluntary, knowing and intelligent. The court sentenced Everett in accordance with the negotiated plea agreement to an aggregate state prison term of 23 years, consisting of consecutive terms of six years (the three-year middle term doubled under the three strikes law) and two years (one-third the middle term doubled) for the two counts of robbery, plus 10 years for one of the firearm-use enhancements and five years for the prior serious felony enhancement. The court awarded presentence custody credit of 1,088 days and ordered Everett to pay statutory fines, fees and assessments. The