People v. Garrett CA2/2

Filed 11/19/20 P. v. Garrett CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306509

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA013593) v.

CRAIG KAISER GARRETT,

Defendant and Appellant.

THE COURT:

Craig Kaiser Garrett petitioned for a writ of habeas corpus. He asserted that his second degree attempted robbery conviction in 1991 was a misdemeanor that could not be used as a felony “strike” under the Three Strikes law when he was sentenced in 2012 for residential burglary. The trial court denied the petition. Garrett filed a timely notice of appeal. Appointed counsel filed an appellate brief raising no issues. (People v. Serrano (2012) 211 Cal.App.4th 496, 503.) We evaluate here the contentions made in Garrett’s supplemental brief. (People v. Kelly (2006) 40 Cal.4th 106, 120–124.)

In September 1991, Garrett pleaded guilty to attempted second degree robbery in Los Angeles Superior Court case No. TA013593. (Pen. Code, § 664, 211.)1 The terms of his plea agreement were one year in county jail and three years formal probation. The probation report states he punched the victim repeatedly while demanding money. At the plea hearing, Garrett was warned, “if you were to violate any terms and conditions of your probation, you could appear back before this court and you could be sentenced up to the maximum time of imprisonment of three years in the state prison. If that were to occur, sir, you’d be placed on parole at the end of your term of imprisonment. If you violate any terms of your parole, you could be sent back to state prison for one year for each violation.” Further, “If you are convicted of any offense in the future, by pleading guilty today in this case you could be adding some additional time of imprisonment for any future conviction which you might suffer.” Garrett stated that he understood the terms of his plea agreement. Garrett stated that he understood and accepted the terms of his probation. One of the terms was to “obey all laws.” The court accepted Garrett’s guilty plea. It dismissed a misdemeanor count of giving false identification information to police. In 1993, Garrett was arrested and charged with multiple felonies. The court revoked his probation in case No. TA013593 and sentenced him to two years in state prison, concurrent with a new 16-month prison sentence for receiving stolen property. In 2012, Garrett was convicted of residential burglary, resisting a peace officer, and attempted burglary. (§§ 459, 148,