People v. Rollen CA5

Filed 11/30/23 P. v. Rollen CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F086130 Plaintiff and Respondent, (Super. Ct. No. DF017053B) v.

VAN KEYSHONE ROLLEN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. David E. Wolf and William D. Palmer, Judges.ǂ Allan E. Junker, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Smith, Acting P. J., Meehan, J. and Snauffer, J.

ǂ Judge Wolf presided at the change of plea hearing and signed the certificate of probable cause; Judge Palmer, a retired Kern County judge sitting on assignment, imposed sentence.

STATEMENT OF APPEALABILITY This appeal is from a final judgment following a no contest plea and admission of a strike, and is authorized by Penal Code section 1237.5.1 STATEMENT OF THE CASE On October 27, 2022, a Kern County complaint charged Rollen with assault while an inmate likely to cause great bodily injury (§ 4501, subd. (b); count 1), with an enhancement for personal infliction of great bodily injury (§ 12022.7, subd. (a)). In addition, the complaint made eight additional allegations as to prior strikes and prior serious felony convictions: (1) a prior strike (§ 667, 1170.12) and (2) a prior serious felony (§ 667, subd. (a)) arising from a January 1996 Los Angeles County robbery conviction (§ 211); (3) a prior strike (§ 667, 1170.12) and (4) a prior serious felony (§ 667, subd. (a)) arising from a May 2000 San Bernardino County robbery conviction (§ 211); (5) a prior strike (§ 667, 1170.12) and (6) a prior serious felony (§ 667, subd. (a)) arising from a June 2013 Riverside County conviction for dissuading a witness (§ 136.1, subd. (b)(1)); and (7) a prior strike (§ 667, 1170.12) and (8) a prior serious felony (§ 667, subd. (a)) arising from a February 2011 Riverside County criminal threats conviction (§ 422). On January 20, 2023,2 the parties agreed that Rollen would plead to count one and admit the strikes for a total sentence of four years fully consecutive to the term he is currently serving for his June 2013 dissuading a witness conviction. After being advised of and waiving his constitutional rights, Rollen pleaded no contest to count 1 and admitted the strikes. The parties stipulated to a factual basis for the plea. The trial court then dismissed the remaining charges and allegations.