People v. Harris CA1/4

Filed 1/7/21 P. v. Harris CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, A162907 v. MICHAEL JAY HARRIS, (Solano County Super. Ct. No. FCR351515) Defendant and Appellant.

Defendant Michael Jay Harris appeals the sentence imposed after he pled no contest, pursuant to a plea agreement, to a charge of second degree robbery (Pen. Code, § 211)1 and admitted an allegation that he had a prior conviction for assault with a deadly weapon (§ 245, subd. (a)(1)), which was a serious and/or violent felony (a strike) (§ 667, subd. (d), § 1170.12, subd. (b)). Pursuant to the agreement, the court sentenced defendant to a low term of two years in prison, doubled based on the strike to four years. Defendant’s appointed appellate counsel has submitted a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 asking this court to make an independent review of the record, and has advised defendant of his right to submit a supplemental brief, which defendant has not done. This court’s review of the record has revealed no issues that warrant further briefing.

1 Statutory references are to the Penal Code unless otherwise stated.

1

According to the probation office’s report, a police officer responded to a report of criminal threats at a Walmart, where a loss-prevention employee said that he had seen defendant running from the store with merchandise, and had chased him to his car. According to the employee, defendant reached around in the vehicle as if searching for something, referred to a gun, and threatened to shoot him. The employee fled and defendant drove away. Police officers who later detained defendant reported that he admitted having stolen the goods and threatened the Walmart employee. The district attorney’s office filed a complaint charging defendant with second degree robbery (§ 211) and possession of heroin (Health & Saf. Code, § 11350, subd. (a)).2 The court appointed counsel for defendant, and the district attorney’s office filed an amended complaint adding allegations that he had two strikes (§ 667, subd. (d), § 1170.12, subd. (b)): a 1996 conviction for battery with serious bodily injury (§ 243, subd. (d)) and a 2007 conviction for assault with a deadly weapon (§ 245, subd. (a)(1)). Pursuant to a plea agreement, defendant pled no contest to second degree robbery (§ 211) and admitted the 2007 conviction for assault with a deadly weapon as a strike. The agreement called for a prison term of four years, dismissal of the other charges, and waiver of the right to appeal. After questioning defendant, the court found that he had knowingly, voluntarily, and competently waived the constitutional rights set forth on the plea form. The court accepted a factual basis for the plea proposed by defense