People v. White CA2/7

Filed 3/30/21 P. v. White CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B306077

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA095380) v.

DERRICK DEWAYNE WHITE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Victor L. Wright, Judge. Affirmed. William G. Holzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

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Derrick Dewayne White pleaded no contest to one count of robbery (Pen. Code, § 211) and admitted he had been armed with a firearm during the offense (Pen. Code, § 12022.5, subd. (a)) pursuant to a negotiated agreement for a seven-year state prison term. After White failed to appear on his surrender date, the court sentenced White to nine years in state prison, imposing the upper term of five years for robbery, rather than the middle term of three years, and a consecutive term of four years (the middle term) for the firearm enhancement. No arguable issues have been identified following review of the record by White’s appointed appellate counsel or our own independent review. We affirm. FACTUAL AND PROCEDURAL BACKGROUND White was charged in a felony complaint filed December 23, 2016 with the robbery of Amanda Wilson and Alicia Cerda on December 13, 2016 with a special allegation as to both counts that he had personally used a handgun within the meaning of Penal Code section 12022.53, subdivision (b). A first amended felony complaint filed January 11, 2017 alleged that White and Scott Noble had committed both robberies. The amended complaint again alleged White had personally used a handgun during both offenses and alleged as to Noble a principal had been armed within the meaning of section 12022, subdivision (a)(1). As established during the colloquy leading to White’s plea, White and Noble agreed to rob Wilson and Cerda. While Noble, Wilson and Cerda were seated in Wilson’s parked automobile, White opened a rear passenger door, removed a handgun from his waistband and said, “This is a robbery. Give me everything you have.” White took a designer handbag containing $4,000 from