Filed 10/31/13 P. v. Crowder 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS 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 This opinion has not been certified for publication 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, 

 Plaintiff and Respondent, 

 v. 

HERMAN CROWDER, 

 Defendant and Appellant. 

 B247921 

 (Los Angeles County 

 Super. Ct. No. BA395785) 

 APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara 

R. Johnson, Judge. Affirmed. 

 Christine C. Shaver, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

 No appearance for Plaintiff and Respondent. 
2

 Pursuant to a plea agreement, appellant pled guilty to robbery (Pen. Code, § 211)1

and no contest to committing criminal threats (§ 422, subd. (a)). In addition appellant 

admitted he committed the robbery for the benefit of, at the direction of, or in association 

with a criminal street gang (§ 186.22, subd. (b)(1)). Appellant also admitted he had a 

prior qualifying felony conviction for robbery as a juvenile under the Three Strikes Law 

(§ 1170.12, subds. (a)-(d)). Approximately one month later, at his sentencing hearing, 

appellant made a motion to withdraw his plea. The motion was denied and he was 

sentenced, pursuant to the plea agreement, to 14 years 4 months in state prison. 

FACTS 

 Colin Smith lived with his girlfriend Deborah Contreras. Appellant, an admitted 

Black P. Stones gang member, went to their apartment accompanied by fellow gang 

members. Appellant had engaged in a gang-related altercation with Contreras’s brother 

the previous day. Appellant arrived at the apartment carrying a semiautomatic handgun. 

Appellant demanded $400 or he would kill Contreras’s brother, as well as everyone in the 

house. The family came up with $200 and appellant left, indicating their safety was not 

guaranteed. Smith and Contreras were so frightened by the incident that they moved out 

of the apartment. 

DISCUSSION 

 The court appointed counsel to represent appellant on appeal. On September 12, 

2013, appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 

(Wende) raising no contentions but requesting this court independently review the record 

for arguable issues. On October 10, 2013, appellant filed a document that we treat as a 

supplemental brief. Appellant appears to contend his prior robbery conviction could not 

be used to increase his sentence under the Three Strikes Law because he was a juvenile 

 1

 All further statutory references are to the Penal Code unless otherwise noted. 
3

when it was committed. He additionally challenges the sufficiency of the evidence 

against him and requests a reduction in his sentence. 

 Appellant’s prior conviction for robbery qualified as a prior felony conviction 

under the Three Strikes Law despite, the fact that he was a juvenile when it was 

committed. (§§ 667, subd. (d)(3), 1170.12, subd. (b)(3); see Welf. & Inst. Code, § 601 et 

seq; People v. Nguyen (2009) 46 Cal.4th 1007, 1022.) Appellant may not challenge the 

sufficiency of the evidence against him because by pleading guilty/no contest to the 

offenses he admitted all of the elements of the crime. (People v. Stanworth (1974) 11 

Cal.3d 588, 605; People v. Suite (1980) 101 Cal.App.3d 680, 689.) He has provided no 

authority to justify the reduction in his sentence. (Keyes v. Bowen (2010) 189 

Cal.App.4th 647, 655-656 [appellant is required to present legal authority in support of 

each issue raised].) 

 We have independently examined the entire record on appeal. There are no 

arguable issues. (Smith v. Robbins (2000) 528 U.S. 259, 284.) 
4

DISPOSITION 

 The judgment is affirmed. 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS 

 KUMAR, J.*

We concur: 

 TURNER, P. J. 

 KRIEGLER, J. 

 

*

 Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to 

article VI, section 6 of the California Constitution.