People v. Smith CA1/1

Filed 2/22/22 P. v. Smith CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A162699 v. JASON EDWARD SMITH, SR., (Humboldt County Super. Ct. No. CR2002989B) Defendant and Appellant.

Defendant Jason Edward Smith, Sr., appeals from the trial court’s imposition of a stipulated three-year prison term following Smith’s guilty plea to a single count of first degree residential robbery. After the trial court granted Smith’s request for a certificate of probable cause—allowing him to appeal from the preplea denial of his motion to dismiss under Brady v. Maryland (1963) 373 U.S. 83 (Brady)—Smith’s appointed appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), identifying no issues and requesting that this court review the record and determine whether any arguable issue exists on appeal. Having done so, we affirm. FACTUAL AND PROCEDURAL BACKGROUND On April 16, 2021, the Humboldt County District Attorney filed a third amended information, alleging that Smith had committed felony first degree

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residential robbery on or about August 27, 2020 (Pen. Code,1 § 211; count 1); felony assault with a firearm (§ 245, subd. (a)(2); count 2); felony possession of a firearm by a felon (§ 29800, subd. (a)(1); count 3); and misdemeanor possession of an injection/ingestion device (Health & Saf. Code, § 11364, subd. (a); count 4). Count 1 was enhanced with allegations of personal and intentional discharge of a fireman with great bodily injury. (§ 12022.53, subds. (b), (c) & (d).) Count 2 was enhanced with allegations of use of a firearm and great bodily injury. (§§ 12022.5, subd. (a) & 12022.7, subd. (a).) The underlying facts with respect to the charges were elicited during the preliminary hearing on October 30, and November 2, 2020.2 On the afternoon of August 26, 2020, Bryan M. took a short nap in his apartment while a friend of his, Michelle Odjick, was present. Odjick was aware that Bryan had considerable cash in his apartment because he was planning to buy a car. When he awoke, it appeared to Bryan that Odjick was trying to buy heroin from his roommate with four $100 bills. He kept that exact amount of money in a box in his bedroom, and, when he checked, it was gone. Bryan therefore confronted Odjick and took the money out of her hand. Odjick became upset, stated the money was hers, and left the apartment with another woman, Kimberly Yale.3 Early the next morning, August 27, 2020, Bryan M. and his roommate were awakened by knocking on their front door. When he opened the door,