People v. Morris CA2/2

Filed 9/17/20 P. v. Morris CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B305345

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA140325) v.

MARDELLAS LASHAWN MORRIS,

Defendant and Appellant.

THE COURT:

Mardellas Lashawn Morris (defendant) appeals from his convictions and resulting sentence following his no contest plea to one count of second degree robbery (Pen. Code, § 211)1 and his admission to several sentencing enhancements for which he received a negotiated state prison aggregate sentence of eight

1 All further statutory references are to the Penal Code unless otherwise indicated.

years. Counsel was appointed to represent defendant in connection with this appeal. After examination of the record, counsel filed an “Opening Brief” in which no arguable issues are raised, and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436 (Wende). On June 29, 2020, we advised defendant that he had 30 days within which to personally submit any contentions or issues for us to consider. To date, no supplemental brief has been submitted. I. Procedural and Material Factual Background of Case A. Information In April 2016, the People charged defendant with second degree robbery (§ 211), a serious and violent felony. (§§ 1192.7, subd. (c) & 667.5, subd. (c).) The People also alleged defendant’s 1997 robbery conviction constituted a prior “strike” within the meaning of our Three Strikes Law (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(j)) and a prior serious felony (§ 667, subd. (a)(1)). Additionally, the People alleged defendant had served two prior prison terms (§ 667.5, subd. (b))—in 2013 for bringing a controlled substance into the jail (§ 4573, subd. (a)), and in 2004 for grand theft from a person (§ 487, subd. (c)). B. The plea and sentence In December 2016, defendant entered into a negotiated plea. In exchange for a sentence of eight years in state prison and dismissal of the prior strike allegation, defendant agreed to plead guilty to second degree burglary, admit he had suffered the prior serious felony for the 1997 robbery, and the prior prison term for the 2013 offense. The plea agreement, which defendant initialed and signed, states that he had not been induced to enter