P. v. Dew CA1/5

Filed 4/11/13 P. v. Dew CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A136473 v. QUENTIN LEE DEW, (San Mateo County Super. Ct. Nos. SC071279A & Defendant and Appellant. SC074181A)

On August 5, 2010, pursuant to a plea bargain, Quentin Lee Dew entered no contest pleas to charges of second degree robbery and attempted grand theft in Superior Court, San Mateo County, case number SC071279A (Case One). (Pen. Code, §§ 212.5, subd. (c), 487, subd. (a).)1 He also admitted the robbery count constituted a violent felony conviction (§ 667.5, subd. (c)(9)) and admitted a criminal street gang enhancement associated with the robbery count. Dew entered his pleas and admissions on the understanding that the court would strike the punishment attributable to the gang enhancement and that he would not receive a state prison sentence of more than two years. Dew’s counsel stipulated there was a factual basis for his no contest plea and admission. On the prosecution’s motion, the court then dismissed other charges against Dew in accordance with the negotiated plea.

1 All undesignated statutory references are to the Penal Code.

1

On September 10, 2010, the trial court suspended execution of a 13-year state prison sentence and placed Dew on probation for a period of four years.2 The court ordered Dew to serve one year in county jail and, among other conditions, to obey all laws. The court advised him that if he were to violate the terms of his probation, he would be sent to state prison for 13 years. Dew accepted these conditions of probation. On July 18, 2011, in superior court case number SC074181A (Case Two), the San Mateo County District Attorney charged Dew with second degree robbery and participating in a felony street gang. (Pen. Code, §§ 186.22, subd. (a), 212.5, subd. (c).) The criminal complaint also alleged a criminal street gang enhancement related to the robbery count and an enhancement for personal use of a firearm. (Pen. Code, §§ 186.22, subd. (b)(1), 12022.53, subd. (e).) The following day, the probation department filed a probation violation notice in Case One, and on July 20, 2011, the court summarily revoked Dew’s probation in that case. On September 2, 2011, the prosecutor filed an information in Case Two charging Dew with one count of felony second degree robbery (§ 212.5, subd. (c)), one felony count of assault with a firearm (§ 245, subd. (a)(2)), and one felony count of actively participating in a criminal street gang (§ 186.22, subd. (a)). The information also alleged a number of enhancements and probation ineligibility clauses. Dew initially entered a plea of not guilty to all three counts and denied all special allegations set forth in the information. On May 7, 2012, Dew pleaded no contest in Case Two to one felony count of second degree robbery and one felony count of actively participating in a criminal street gang. He admitted the robbery constituted a violent felony (§ 667.5, subd. (c)(9)) and that the gang participation offense constituted a serious felony (§ 1192.7, subd. (c)(28)). He entered these pleas and admissions with the understanding that the previously suspended state prison sentence in Case One would be executed and that his sentence in