People v. Robert CA2/5 ( 2024 )

Filed 10/21/24 P. v. Robert CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE
THE PEOPLE, B333640
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No.
BA477679)
v.
JOHN ROBERT,
Defendant and Appellant.
APPEAL from an order of the Superior Court of Los
Angeles County, Charlaine F. Olmedo, Judge. Affirmed.
Esther R. Sorkin, under appointment by the Court of
Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
_______________________
John Robert appeals from his conviction by no contest plea
of attempted murder (Pen. Code,1 §§ 664/187, subd. (a), count 1)
and admission of an associated gang allegation (§ 186.22, subd.
(b)(1)(C)). This case comes before us for review under the
procedures prescribed in People v. Wende (1979) 25 Cal.3d 436,
441–442 (Wende).
At the preliminary hearing2 evidence was adduced that in
2018, while incarcerated in jail, Robert and several other inmates
attempted to kill a former fellow Southside criminal gang
member. Robert was charged with willful, deliberate, and
premeditated murder (§§ 664/187, subd. (a), (count 1)), and it was
alleged that he committed the crime in association with, at the
direction of, and/or for the benefit of a criminal street gang
(§ 186.22, subd. (b)(1)(C)).
Following a preliminary hearing, Robert pleaded guilty to
attempted murder and admitted the gang allegation. The trial
court sentenced Robert to the negotiated term of seven years in
prison, plus 10 years for the gang allegation. The court awarded
Robert 1,827 days of credit.
Robert timely appealed and requested a certificate of
probable cause, which the trial court denied. We issued an order
1 All further references are to the Penal Code.
2 There were two preliminary hearings in this case. The
first occurred prior the effective date of Assembly Bill No. 333
(2021–2022 Reg. Sess.), which amended section 186.22 to require
proof of additional elements to establish a gang enhancement.
(People v. Lee (2022) 81 Cal.App.5th 232, 237.) A second
preliminary hearing was held after the amended laws became
effective to permit the prosecution to cure any deficiencies that
resulted from the changes in the law.
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limiting the appeal to issues that do not require a certificate of
probable cause, and appointed counsel.
Appointed counsel filed a brief pursuant to People v. Wende,
supra, 25 Cal.3d 436, setting forth the facts of the case, raising no
issues, and requesting that we independently review the record.
On July 12, 2024, we advised Robert that he had 30 days to
submit any contentions or issues he wished us to consider. No
response has been received to date.
We have examined the entire record. We are satisfied no
arguable issues exist and that Robert’s counsel has fully satisfied
her responsibilities under Wende. (Smith v. Robbins (2000) 528
U.S. 259, 279–284; Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
We affirm the trial court’s order.
NOT TO BE PUBLISHED.
MOOR, Acting P. J.
WE CONCUR:
KIM, J.
DAVIS, J.
 Judge of the Los Angeles Superior Court, assigned by the
Chief Justice pursuant to article VI, section 6 of the California
Constitution.
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