People v. Dawkins CA5

Filed 5/13/24 P. v. Dawkins 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F086476 Plaintiff and Respondent, (Super. Ct. No. 1488209) v.

DOUGLAS LEVON DAWKINS, OPINION Defendant and Appellant.

THE COURT* APPEAL from an order of the Superior Court of Stanislaus County. Dawna Reeves, Judge. Theresa Osterman Stevenson, 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 Peña, Acting P. J., Smith, J. and DeSantos, J.

INTRODUCTION Appellant and defendant Douglas Levon Dawkins (appellant) was convicted after a jury trial of robbery with prior conviction enhancements, and sentenced to the third strike term of 25 years to life plus 16 years. On remand after his direct appeal, the trial court ordered certain enhancements stricken and modified his sentence to 25 years to life plus five years. After another remand, the court found appellant had already received the benefit of the amended sentencing statutes and ordered the matter dropped from calendar. On appeal from that ruling, appellant’s counsel filed a brief that summarized the facts with citations to the record, raised no issues, and asked this court to independently review the record. (People v. Delgadillo (2022) 14 Cal.5th 216.) Appellant has filed a supplemental brief. We review his arguments and affirm the trial court’s order. PROCEDURAL BACKGROUND1 On July 14, 2015, an information was filed in the Superior Court of Stanislaus County charging appellant with robbery (Pen. Code,2 § 211), with three prior strike convictions (§ 667, subd. (d)); three prior serious felony conviction enhancements (§ 667, subd. (a)); and five prior prison term enhancements (§ 667.5, subd. (b)). On September 10, 2015, after a jury trial, appellant was convicted of robbery. The trial court found true three prior strike convictions, three prior serious felony enhancements, and three prior prison term enhancements. On December 1, 2016, appellant was sentenced to the third strike term of 25 years to life for robbery, with

1 We grant appellant’s unopposed request to take judicial notice of this court’s record and nonpublished opinion in his direct appeal, People v. Dawkins (Dec. 14, 2018, F074796), that affirmed his conviction and remanded the matter for resentencing. (Evid. Code, §§ 450, 452, subd. (d), 459; In re W.R. (2018) 22 Cal.App.5th 284, 286, fn. 2.) 2 All further statutory citations are to the Penal Code.