People v. Cross CA2/7

Filed 3/30/21 P. v. Cross CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B305303

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA466561) v.

DEVON CROSS,

Defendant and Appellant.

APPEAL from a Judgment of the Superior Court of Los Angeles County, Michael D. Abzug, Judge. Affirmed. Michael C. Sampson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. ___________

Devon Cross, also known as Donta Trayvon Collins Cross, was charged in an information with two counts of home invasion robbery with a special allegation as to each count that a principal had been armed with a firearm. Shortly before the scheduled trial date, Cross pleaded no contest to the charges in an “open plea.”1 Before sentencing, Cross moved to withdraw his plea. The trial court denied the motion and sentenced Cross to an aggregate state prison term of 11 years. No arguable issues have been identified following review of the record by Cross’s appointed appellate counsel or our own independent review. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The Home Invasion Robbery Jun Soo Lee was at home on the evening of August 2, 2017. Almost immediately after his wife, Young Ae Lee (Young), returned home from the restaurant they owned with approximately $8,000 in cash, Lee heard her scream from another room. When Lee tried to go to Young, he was held down from behind by an intruder. Lee felt a gun at the back of his head. Lee was then hit in the head several times; his pants were removed; and a knife was placed at his hips near his anus. Young was brought into the room by a second intruder and placed on the floor next to Lee. Young had been hit in the face and believed she had been stabbed in her lower back. One of the intruders told Lee his wife would be killed unless they disclosed