People v. Preston CA2/8 ( 2021 )


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  • Filed 9/29/21 P. v. Preston CA2/8
    NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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    has not been certified for publication or ordered published for purposes of rule 8.1115.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
    SECOND APPELLATE DISTRICT
    DIVISION EIGHT
    THE PEOPLE,                                                  B305659
    Plaintiff and Respondent,                          (Los Angeles County
    Super. Ct. No. BA478468)
    v.
    JOSIAH PRESTON,
    Defendant and Appellant.
    APPEAL from a judgment of the Superior Court of Los
    Angeles County. Craig J. Mitchell, Judge. Affirmed.
    Larenda R. Delaini, under appointment by the Court of
    Appeal, for Defendant and Appellant.
    No appearance for Plaintiff and Respondent.
    **********
    In September 2019, defendant and appellant Josiah
    Preston was charged with one count of second degree robbery
    (Pen. Code, § 211). It was alleged the robbery was committed for
    the benefit of, at the direction of or in association with a criminal
    street gang within the meaning of section 186.22. It was further
    alleged defendant had suffered two prior convictions for serious
    or violent felonies in 2017.
    The charge arose from an incident on May 14, 2019 in
    which defendant, a member of the Rollin’ 40’s criminal street
    gang, entered a store with two fellow gang members and
    confronted an individual, who was by himself and a member of a
    rival gang. Defendant punched the individual several times and
    then he and his accomplices chased the victim out of the store
    and continued to assault him, eventually yanking a gold necklace
    from his neck and taking it. The store employee who called 911
    also heard several gunshots before defendant and his accomplices
    fled the scene.
    The case was tried to a jury in January 2020. The jury
    found defendant guilty as charged. At the hearing on defendant’s
    motion pursuant to People v. Superior Court (Romero) (1996)
    
    13 Cal.4th 497
    , the People conceded that the two strikes alleged
    against defendant (violation of Pen. Code, § 459 & § 186.22,
    subd. (a)) arose from the same incident in 2017. The People
    agreed it was pursuing only one strike. Defendant waived his
    right to a jury trial on the prior strike allegation and admitted
    his prior conviction for a violation of section 186.22,
    subdivision (a). The court sentenced defendant to a state prison
    term of 14 years (low term of two years, doubled due to the strike,
    plus 10 years for the gang enhancement).
    Defendant appealed.
    2
    We appointed appellate counsel to represent defendant.
    Defendant’s appointed counsel filed a brief pursuant to People v.
    Wende (1979) 
    25 Cal.3d 436
     (Wende) in which no issues were
    raised. The brief included a declaration from counsel that she
    reviewed the record and sent a letter to defendant explaining her
    evaluation of the record. Counsel further declared she advised
    defendant of his right, under Wende, to submit a supplemental
    brief within 30 days, and forwarded copies of the record to
    defendant. No supplemental brief was filed.
    We have examined the entire record of proceedings
    submitted to this court and are satisfied that appointed counsel
    fully complied with her responsibilities in assessing whether or
    not any colorable appellate issues exist. We conclude there are
    no arguable appellate issues. (People v. Kelly (2006) 
    40 Cal.4th 106
    ; Wende, supra, 
    25 Cal.3d 436
    .)
    DISPOSITION
    The judgment of conviction is affirmed.
    GRIMES, Acting P. J.
    WE CONCUR:
    STRATTON, J.
    WILEY, J.
    3
    

Document Info

Docket Number: B305659

Filed Date: 9/29/2021

Precedential Status: Non-Precedential

Modified Date: 9/29/2021