People v. Fields CA5

Filed 1/29/21 P. v. Fields CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F080454 Plaintiff and Respondent, (Super. Ct. No. BF176927A) v.

BRITTANY NICOLE FIELDS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Judith K. Dulcich, Judge. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Peña, Acting P.J., Smith, J. and Meehan, J.

Appointed counsel for defendant Brittany Nicole Fields asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of her right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. BACKGROUND Between April 9, 2019, and May 30, 2019, defendant committed seven armed robberies at various stores and restaurants in Bakersfield.1 On July 25, 2019, the Kern County District Attorney charged defendant with seven counts of robbery (Pen. Code, § 215.5, subd. (c);2 counts 1–7). As to each count, the information further alleged that defendant personally used a firearm in the commission of the offenses (§ 12022.53, subd. (b)), had suffered a prior serious felony conviction (§ 667, subd. (a)), had suffered a prior “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)), and had served a prior prison term (§ 667.5, subd. (b)). On September 11, 2019, defendant pled no contest to two counts of robbery (counts 1 & 2) and admitted the prior serious felony allegation (§ 667, subd. (a)) in exchange for 15 years in prison and dismissal of the remaining counts with a Harvey3 waiver. On October 10, 2019, the trial court sentenced defendant to the agreed-upon term of 15 years in prison, as follows: on count 1, 10 years (five years, doubled pursuant to the Three Strikes law), plus a five-year prior serious felony enhancement; and on count 2,