People v. Norris CA4/3

Filed 8/18/20 P. v. Norris CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, G057962

v. (Super. Ct. No. 19CF1175)

RAYFORD CHRISTIAN NORRIS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Kathleen E. Roberts, Judge. Affirmed. Sheila O’Connor, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Rayford Christian Norris pleaded guilty to commercial burglary and grand theft. He also admitted one strike prior (Pen. Code §§ 667, subds. (d) & (e)(2)(A) for a robbery conviction, and seven prison priors (§ 667.5, subd. (b)(1), including one for the robbery prior. The court sentenced him to four years in prison. Defendant argues he received ineffective assistance of counsel by being 1 advised to admit a facially invalid strike prior. He asserts the robbery strike prior is invalid because the charging document and his plea form incorrectly identified the court in which he suffered that conviction. We disagree and affirm. RELEVANT FACTS AND PROCEDURAL HISTORY In May 2019, defendant was charged with felony grand theft and commercial burglary. The complaint also alleged defendant had two strike priors, one for robbery and one for assault with a deadly weapon, and nine prison priors. The complaint correctly stated defendant was convicted of both strike priors on February 14, 2018, in 2 case number BAF1601582, but incorrectly stated the robbery conviction occurred in the United States District Court and the assault with a deadly weapon conviction occurred in Orange County Superior Court. Both strike convictions were listed among defendant’s prison priors with the correct date of conviction and case number, and were correctly alleged to have occurred in Riverside County. Defendant pleaded guilty to both of the charged offenses, admitted the robbery strike prior, and admitted seven of the prison priors, including the prison prior for the robbery. The plea form includes a page titled “ADMISSION OF PRIOR CONVICTIONS AND PRIOR PRISON TERMS” which listed the prior convictions defendant admitted as part of his plea, including their dates of conviction, case numbers, 1 Defendant obtained a certificate of probable cause to appeal the legality of his guilty plea. 2 This is a Riverside County Superior Court case number.