P.
P. v. Malveaux CA4/2
Opinion
Opinion
INTRODUCTION
On May 29, 2012, an amended felony complaint charged defendant and appellant
Christopher Eric Malveaux with two counts of felony robbery (Pen. Code, § 211,
counts 1 & 2), and one misdemeanor count of being under the influence of a controlled
substance (Health & Saf. Code, § 11550, subd. (a), count 3). The complaint also alleged
that defendant personally used a firearm in the commission of counts 1 and 2. (Pen.
Code, § 12022.53, subd. (b).)
On September 18, 2012, defendant pleaded guilty to count 1 and admitted the
personal gun use enhancement. In exchange, the parties agreed to a prison term of
12 years in state prison and the dismissal of the other charges and allegations.
On September 28, 2012, the trial court sentenced defendant to 12 years in state
prison, comprised of the low term of two years for the robbery conviction and a
consecutive 10-year term for the gun enhancement. The court dismissed the other
allegations and charges, and awarded defendant 151 days of actual credits and 22 days of
conduct credits.
On November 16, 2012, defendant filed a timely notice of appeal from his
sentence or other matters after the plea.