P. v. Brown CA2/3

Filed 5/16/13 P. v. Brown CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B242565

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA078159) v.

BALEEGH JIHAD BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eric C. Taylor, Judge. Affirmed. Cheryl Lutz, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr. and Stephanie A. Miyoshi, Deputy Attorneys General, for Plaintiff and Respondent.

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Baleegh Jihad Brown appeals the judgment entered following his plea of no contest to three counts of robbery in which a principal used a firearm, assault with a semiautomatic firearm in which he personally used a firearm and two counts of attempted robbery in which he personally used a firearm. (Pen. Code, §§ 211, 12022.53, subd. (b), 245, subd. (b), 664/211, 12022.5, subd. (a).)1 Brown also admitted a prior serious or violent felony conviction within the meaning of the Three Strikes law. (§§ 667, subds (a)-(i), 1170.12 (a)-(d).) Pursuant to a plea bargain, Brown was sentenced to 34 years in state prison and was ordered to pay, inter alia, a $240 restitution fine pursuant to section 1202.4, subdivision (b), and a $240 parole revocation fine pursuant to section 1202.45.2 Brown contends the restitution fine and the parole revocation fine must be reduced to $200 because the record indicates the trial court intended to impose the minimum fine and $200 was the minimum fine at the time of Brown’s offenses. We conclude Brown forfeited this claim by failing to raise the issue in the trial court and affirm the judgment. FACTS AND PROCEDURAL BACKGROUND Brown waived a preliminary hearing. The report of the probation officer indicates Brown was involved in two incidents of armed robbery. On June 4, 2009, four men entered a pawnshop in Hawthorne, pointed guns at store employees, took jewelry valued at more than $200,000 from display cases and fled in two cars. Five days later, three men attempted to commit an armed robbery at a pawnshop in Long Beach. During the incident, Robert Howes shot one of the would-be robbers in the thigh. In response, one of the robbers fired four shots, one of which struck Howes in the face. Analysis of blood found outside the Long Beach location matched Brown’s DNA. Also, a photograph of Brown appeared to match photographs taken by security cameras in both robberies.