People v. Shelton CA1/2

Filed 12/30/21 P. v. Shelton CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A162981 v. ROBERT DESHAWN SHELTON, (San Mateo County Super. Ct. No. 18NF010732B) Defendant and Appellant.

Defendant Robert Shelton appeals from a judgment entered after he pled no contest to second degree robbery as part of a negotiated disposition. Defendant’s court-appointed counsel has filed a brief asking this court for an independent review of the record under People v. Wende (1979) 25 Cal.3d 436. Defendant was informed of his right to file supplemental briefing and has not filed such a brief. We have reviewed counsel’s brief and independently reviewed the record, and we find no errors or other issues requiring further briefing. Accordingly, we affirm. On June 17, 2020, defendant was charged by information with second degree robbery (Pen. Code, § 212.5, subd. (c), count 1),1 and attempted criminal threats (§§ 664/422, subd. (a), count 2).

All further statutory references are to the Penal Code unless 1

otherwise stated.

1

As part of a negotiated disposition, on September 3, 2020, defendant pled no contest to second degree robbery (count 1), with an indicated sentence of probation with no more than six months in county jail. In exchange, the district attorney dismissed the remainder of the information pursuant to plea.2 According to the probation report, the current charges arose on August 16, 2018, when defendant and another person went into a Victoria’s Secret Store at Serramonte Shopping Center in Daly City and were seen by a loss prevention officer leaving the store with a large amount of merchandise and without paying. When defendant was approached by the loss prevention officer outside the store, he “swung his right fist” at the loss prevention officer, who avoided the blow, and then pushed him in the chest. Defendant also was reported as saying “[d]on’t make me do it, back up, you better back up.” The value of the merchandise was $4,274. Defendant completed a change of plea form that advised him of his rights and the rights he was waiving; the forms were signed by his counsel and by the court. Defense counsel stipulated to a factual basis for the no contest plea “based upon investigation.” The court (Hon. Lisa Novak) reviewed the change of plea form, questioned defendant, and found defendant knowingly, voluntarily, and intelligently waived his rights and entered a plea of no contest. At the sentencing on June 1, 2021, the court (Hon. Susan Greenberg) stated that it had considered the probation report and the sentencing memorandum filed by defendant. (Judge Greenberg was the judge who had