People v. Floyd CA2/4

INTRODUCTION

Defendant Robear Wallace Floyd appeals from the trial court’s order revoking probation and ordering him to serve a two-year state prison sentence, execution of which had been previously suspended. (Pen. Code, §1203.2.)1 Defendant’s counsel filed an opening brief that raised no issues and requested independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). We affirm.

FACTUAL AND PROCEDURAL HISTORY

Motor Vehicle Charge On November 12, 2013, the Los Angeles County District Attorney’s office filed an information charging defendant with receiving stolen property, a motor vehicle, in violation of section 496d, subdivision (a). The information further alleged: (1) defendant previously had been convicted of attempted robbery (sections 664 and 211), a serious or violent felony, and that defendant therefore was subject to sentencing pursuant to sections 667, subdivisions (b)-(j), and 1170.12; and (2) defendant had three prior convictions for felony offenses for which he had served a prison term and had not remained free of prison custody for a period of five years before commission of the current offense (§ 667.5, subd. (b)). On December 17,…