People v. Robins-Bailey CA3

Filed 2/3/23 P. v. Robins-Bailey CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C096147

Plaintiff and Respondent, (Super. Ct. No. 20CF04797, 21CF01305, 21CF06456) v.

SHYLAH ROBINS-BAILEY,

Defendant and Appellant.

Appointed counsel for defendant Shylah Robins-Bailey has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding none, we will affirm. I. BACKGROUND We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) In case No. 20CF04797 (case No. 4797), defendant (along with codefendants who are not parties to this appeal) was charged with home invasion robbery in concert (Pen.

1

Code, §§ 211, 213, subd. (a)(1)(A)1 —count 1), possession of a controlled substance for sale (Health & Saf. Code, § 11351—count 6), transportation of a controlled substance for sale (Health & Saf. Code, § 11352, subd. (a)—count 7), misdemeanor driving under the influence of a drug (Veh. Code, § 23152, subd. (f)—count 8), and being an accessory to a felony (§ 32—count 9). With respect to count 1, it was further alleged a principal in the offense was armed with a firearm. (§ 12022, subd. (a)(1).) In case No. 21CF01305 (case No. 1305), defendant was charged with unlawful possession of ammunition (§ 30305, subd. (a)(1)—count 1), being a felon in possession of a firearm (§ 29800, subd. (a)(1)—count 2), and misdemeanor receipt of stolen property (§ 496, subd. (a)—count 3). It was further alleged defendant committed counts 1 and 2 while released on her own recognizance in case No. 4797. (§ 12022.1.) In July 2021, defendant pled no contest in case No. 4797 to being an accessory to a felony and misdemeanor driving under the influence and in case No. 1305 to being a felon in possession of a firearm. The remaining allegations were dismissed with a Harvey waiver.2 In December 2021, the trial court found defendant to be eligible for drug court, imposed drug court conditions, and released her on her own recognizance. Later that month, the probation department filed a petition alleging defendant had failed to comply with her release conditions, including testing positive for drugs and failing to take a required drug test. In case No. 21CF06456 (case No. 6456), defendant was charged with bringing contraband into jail. (§ 4573, subd. (a).) She pled guilty to the charge in January 2022.