People v. Bibbs CA2/7

Filed 2/2/22 P. v. Bibbs CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B313097

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA134204) v.

BRANDON LEON BIBBS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lillian Vega Jacobs, Judge. Affirmed. Brandon Leon Bibbs, in pro. per.; and Jack T. Weedin, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. ___________

After the superior court denied Brandon Leon Bibbs’s motion to suppress evidence pursuant to Penal Code section 1538.5, Bibbs pleaded no contest to one count of first degree automated teller machine (ATM) robbery (Pen. Code, §§ 211, 212, subd. (b)) and admitted he had personally used a firearm during the commission of the offense (Pen. Code, § 12022.53, subd. (b)). Pursuant to the terms of a negotiated agreement, the court dismissed 10 additional counts of robbery and one count of attempted robbery and sentenced Bibbs to a state prison term of 14 years (the middle term of four years for first degree robbery plus 10 years for the firearm-use enhancement). No arguable issues were identified by Bibbs’s appointed appellate counsel after his review of the record. We also have identified no arguable issues after our own independent review of the record and analysis of the contentions presented by Bibbs in his handwritten supplemental brief. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A “felony complaint for arrest warrant” charging Bibbs with 12 counts of second degree robbery, committed between November 11, 2012 and January 18, 2014, was prepared and signed by a deputy district attorney. The superior court’s minute orders state the complaint was filed March 12, 2014. Judge Leland H. Tipton authorized issuance of an arrest warrant on March 17, 2014. Bibbs’s case was called for arraignment on April 25, 2016 and continued to May 31, 2016. On May 31, 2016 Bibbs, represented by private counsel, waived arraignment, reading of the complaint and a statement of his constitutional and statutory rights and pleaded not guilty to each of the 12 counts.