People v. Roberts CA2/3

Filed 2/7/23 P. v. Roberts CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Ca l ifornia Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on o p inions not certified for publication or ordered published, except as specified by rule 8.1115(a). This o p inion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT DIVISION THREE

THE PEOPLE, B319291

Plaintiff and Respondent, Los Angeles County Super. Ct. No. TA003297 v.

CHRISTOPHER BERLIN ROBERTS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael Shultz, Judge. Affirmed. Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Christopher Berlin Roberts, also known as Christopher Robinson, appeals from an order denying his application for resentencing and to redesignate a robbery conviction as a misdemeanor offense under Penal Code1 section 1170.18. We affirm.

BACKGROUND

In January 1990, the People charged defendant in a one- count information with second degree robbery in violation of section 211, alleging that defendant took personal property from a victim by means of force and fear. The People further alleged that the robbery was a felony. As noted in defendant’s opening brief, the probation report set forth the facts of the offense as follows: “On December 18, 1989, the victim and the defendant got into a verbal argument. As the victim walked away, the defendant followed him and suddenly began to hit him about his face and body. The victim tried to defend himself; however, the defendant overpowered him. The defendant then removed an unknown amount of United States (U.S.) Currency from the victim’s pocket. The victim ran away from the defendant, but the defendant followed him and beat him again. The defendant left the victim lying on the ground. A police officer found the victim, summoned paramedics, who transported the victim to Martin Luther King Hospital for medical treatment.” In February 1990, defendant was convicted of robbery, a felony, as charged in the information. Although the record on