People v. Rice CA4/2

Filed 9/6/16 P. v. Rice CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E066053

v. (Super.Ct.No. FVI022959)

JOHNNY LEON RICE, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Victor R. Stull,

Judge. Affirmed.

Richard Schwartzberg, under appointment by the Court of Appeal, for Defendant

and Appellant.

No appearance for Plaintiff and Respondent.

1

Defendant and appellant Johnny Leon Rice was charged by amended information

with five counts of second degree robbery (Pen. Code,1 § 211, counts 1-5), receiving

stolen property (Pen. Code, § 496d, subd. (a), count 6), and the unlawful driving or taking

of a vehicle (Veh. Code, § 10851, subd. (a), count 7). The information also alleged that

defendant was armed with a handgun during the commission of all seven counts (former

Pen. Code, § 12022, subd. (a)(1)), that he had four prior strike convictions (Pen. Code,