People v. Cooks CA2/2

Filed 4/14/21 P. v. Cooks CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B307562

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA067037) v.

KENDALL DESHAWN COOKS,

Defendant and Appellant.

THE COURT:

Defendant and appellant Kendall Deshawn Cooks (defendant) appeals from the denial of his motion to void his guilty plea and to transfer his case to juvenile court. Appointed counsel filed a brief raising no issues and asking this court to follow the procedures set forth in People v. Serrano (2012) 211 Cal.App.4th 496. Where appointed counsel finds no arguable issues in an appeal seeking postjudgment relief, the appellate court is not

required to conduct an independent review of the record for arguable issues. (People v. Cole (2020) 52 Cal.App.5th 1023, 1039-1040, review granted Oct. 14, 2020, S264278; see People v. Serrano, supra, 211 Cal.App.4th at p. 503.) If the defendant files his or her own supplemental brief or letter, however, we consider the contentions or arguments set forth therein. (People v. Cole, supra, at p. 1039.) On November 20, 2020, we notified defendant of his counsel’s brief and gave him leave to file his own brief or letter stating any grounds or argument he might wish to have considered. On January 22, 2021 defendant filed his own supplemental brief on appeal. 2004 conviction In 2004, defendant entered into a plea bargain under which he pled guilty to one count of second-degree robbery and admitted a prior conviction alleged under the Three Strikes law, as well as one allegation that he personally discharged a firearm, alleged pursuant to Penal Code section 12022.53, subdivision (c),1 and one prior serious felony conviction alleged pursuant to section 667, subdivision (a)(1). In exchange, the trial court sentenced him as agreed to a total prison term of 29 years and dismissed five felony counts and all remaining enhancement allegations. Defendant’s motion In 2020, defendant filed a motion in the superior court to void his plea pursuant to section 1016.82 and to transfer his case