P. v. McAfee CA2/4

Filed 4/25/13 P. .v. McAfee CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B242594

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA068902) v.

JEROME MCAFEE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Gregory A. Dohi, Judge. Affirmed. California Appellate Project, Jonathan B. Steiner and Suzan E. Hier, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Jerome McAfee appeals from the judgment entered following his no contest plea to two counts of robbery (Pen. Code, § 211) and two counts of assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)).1 We affirm. On September 8, 2011, Jung Kang and Keith Enstrom were working at a bank in Agoura Hills. Appellant and Quincy Giles entered the bank, and Giles jumped over the counter, pointed a gun at the bank employees, and told them to open their cash drawers and get on the ground. Appellant stayed on the other side of the counter. Kang and Enstrom opened the drawers, and appellant and Giles emptied the money into a bag. Appellant and Giles later were found with a car that matched the description of a car at the scene of the robbery and that contained money with serial numbers matching money taken from the bank. Appellant and Giles were charged by information with two counts each of second degree robbery and assault with a semiautomatic firearm.2 The information alleged that appellant had suffered two prior convictions pursuant to section 667.5, subdivision (b); was convicted of two felonies within the meaning of section 1203, subdivision (e)(4); had suffered one prior strike pursuant to the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)); and had suffered one prior conviction of a serious felony pursuant to section 667, subdivision (a)(1). The information also included a gang allegation. (§ 186.22, subd. (b)(1)(C).) Appellant entered not guilty pleas to all four counts. Appellant made a Marsden motion (People v. Marsden (1970) 2 Cal.3d 118), explaining to the court that he was not getting information from his attorney and that his attorney was telling him he was not likely to win. The court held a