People v. Robinson CA2/5

Filed 6/21/22 P. v. Robinson CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B312418

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA107528) v.

JIMMY CHARLES ROBINSON,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, James Otto, Judge. Affirmed. Kiran Prasad, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

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On May 23, 2018, the Los Angeles County District Attorney filed an information charging defendant Jimmy Robinson with

attempted premeditated murder (Pen. Code1 §§ 664/187, subd. (a)) and certain sentencing enhancements. On March 16, 2021, defendant, pursuant to the terms of an oral plea agreement, pleaded no contest to attempted premeditated murder and admitted that he personally used a firearm in the commission of his offense (§ 12022.5). He also admitted that he caused great bodily injury resulting in paralysis or brain damage (§ 12022.7, subd. (b)). Following the plea colloquy, the trial court found that defendant had expressly, knowingly, understandingly, and intelligently waived his constitutional rights and that his plea and admissions were freely and voluntarily made with an understanding of the nature and consequences of the plea. The court also found there was a factual basis for the plea. On April 8, 2021, the parties appeared for sentencing. Defendant advised the court that he wished to proceed to trial and was “not signing anything.” When asked by the trial court whether he wished to withdraw his plea, defendant responded that he did, and explained, “[M]y mother, she is the one ready for me to come home. I’m innocent. I ain’t doing nothing.” Defense counsel then made an oral motion to withdraw defendant’s plea and submitted on the motion. The court agreed with the prosecutor’s argument that defendant had “buyer’s remorse” and denied the motion. After hearing a victim impact statement from the victim’s uncle, the trial court sentenced defendant, consistent with the terms of the plea agreement, to a high term of seven years to life on the attempted murder charge, with a 10-year enhancement