People v. Slaughter CA1/5

Filed 8/18/23 P. v. Slaughter 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purpos- es of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A165719 v. KEITH BRAZEL SLAUGHTER, (Contra Costa County Super. Ct. Defendant and Appellant. No. 5-191966-1)

Keith Brazel Slaughter pled no contest to first degree residential robbery (Pen. Code, §§ 211, 212.5, subd. (a))1 with a personal use of a firearm enhancement (§ 12022.53, subd. (b)) and was sentenced, pursuant to a negotiated disposition, to a term of 14 years in prison. This is his second appeal. In the first appeal (People v. Slaughter (Feb. 17, 2022, A162517) [nonpub. opn.]),2 we remanded to allow Slaughter an opportunity to seek the benefit of ameliorative amendments to section 1170, subdivision (b), which went into effect after his original sentencing but before the judgment was final.

On remand, the trial court modified Slaughter’s sentence by imposing the three-year low term for the robbery count, pursuant to the People’s agreement. It also denied Slaughter’s

1 Undesignated statutory references are to the Penal Code. 2 On both parties’ request, we take judicial notice of the

People v. Slaughter, supra, A162517 record. (See Evid. Code §§ 452, subd. (d), 459, subd. (a).) 1

oral requests to strike the firearm enhancement and/or to withdraw his plea. In his second appeal, Slaughter argues that the trial court erred, on remand, by failing to obtain and consider a supplemental probation report. We affirm.

BACKGROUND

The People prosecuted Slaughter in connection with an armed robbery involving seven victims at their home. Slaughter was 18 years old at the time of the offense. As part of his plea agreement, Slaughter agreed to be sentenced to 14 years in state prison in exchange for the dismissal of multiple other charges against him. Consistent with the negotiated disposition, the trial court sentenced Slaughter to a total term of 14 years in prison— comprised of the midterm of four years for robbery and 10 years for the enhancement. (See § 213, subd. (a)(1)(B) [providing for a prison term of three, four, or six years]; § 12022.53, subd. (b).)