Filed 9/24/15 P. v. Robison CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication 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

FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

 v.

DON ALLEN ROBISON,

Defendant and Appellant.

F068700

(Super. Ct. Nos. BF147457A & 

BF142959A)

OPINION

THE COURT*

APPEAL from a judgment of the Superior Court of Kern County. Michael G. 

Bush, Judge.

Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and 

Appellant.

Office of the State Attorney General, Sacramento, California, for Plaintiff and 

Respondent.

-ooOoo-

 

* Before Gomes, Acting P. J., Poochigian, J. and Peña, J.
2

Appellant Don Allen Robison pled no contest in case No. BF142959A to receiving 

a stolen vehicle (Pen. Code, § 496d, subd. (a)) and no contest in case No. BF147457A to 

possession of methamphetamine while armed with a firearm (Health & Saf. Code, 

§ 11370.1, subd. (a)). Following independent review of the record pursuant to 

People v. Wende (1979) 25 Cal.3d 436, we affirm.

FACTUAL AND PROCEDURAL HISTORY

On June 11, 2012, Bakersfield Police Detective Brian West was assigned a case 

involving a U-Haul trailer containing dog food that was stolen overnight from the front of 

Patricia Irwin’s house. After reviewing the case, Detective West was contacted by 

Officer Dietrich and advised that the trailer had been located on the driveway of a 

residence on Castaic Drive where Andrew Miller and Andy Queen lived. The couple was 

interviewed by officers and stated that a few days earlier Robison had asked for and 

received permission from them to park the trailer on their driveway for a few days. 

Miller and Queen each identified Robison from a picture as the man who left the trailer 

on their driveway.

On June 12, 2012, after determining that Robison was on probation with search 

conditions, Detective West and another officer went to Robison’s residence, but he was 

not there. However, the officers spoke with Amy Heitman who told them there had been 

a U-Haul trailer parked in the alley behind the residence and that Robison had moved it 

from there. Robison then arrived at the residence and Detective West asked him about 

the trailer. Robison told Detective West there had been a trailer in the alley that was 

partially blocking it. When Robison went to move the trailer, a man named “Jack” told 

him the trailer belonged to him and that he needed help moving it. At Jack’s direction, 

Robison left the trailer at the address on Castaic. Detective West spoke with Heitman 

again, and she told him she accompanied Robison as he attached the trailer in the alley to 

their vehicle and drove to her grandmother’s house. From there, Robison left with the 
3

trailer and returned approximately 30 minutes later without it. The officers arrested 

Robison.

At approximately 7:00 p.m., Detective West received a call from Officer 

Christopher Dalton who informed him that they had conducted a probation search at 

Robison’s residence and found a bag of the dog food that had been stolen from the trailer.

Around August 8, 2012, the district attorney filed an information charging Robison 

with receiving a stolen vehicle (count 1/Pen. Code, § 496d, subd. (a)) and receiving stolen 

property (count 2/Pen. Code, § 496, subd. (a)). On August 13, 2012, Robison filed a 

suppression motion and a Pitchess1 motion seeking discovery of complaints filed against 

Detective West and Officer Dalton relating to harassment, false report writing, or illegal 

threats.

On October 16, 2012, pursuant to Robison’s Pitchess motion, the court conducted 

an in camera review of the personnel records of Detective West and Officer Dalton, but it 

did not find any discoverable material.

On March 4, 2013, at approximately 4:00 p.m., Kern County Sheriff’s Deputy 

Kyle Konze was in the jail’s parking lot when he saw a parked Chevy Tahoe with no 

front or back license plates. Deputy Konze approached the car and found Robison sitting 

in the driver’s seat with the window rolled up and his three-year-old son in the car. 

Konze asked Robison to roll the window down and he rolled it down six inches. After 

speaking with Robison for a minute, the deputy noticed the odor of marijuana emitting 

from the Tahoe. He then had Robison exit the vehicle and Robison was taken to the rear 

of his vehicle and pat-searched. The deputies searched the Tahoe and found over 

$28,000 in currency, a loaded derringer, and two small vials containing 

methamphetamine.2 Robison was arrested. While in custody, he told two deputies that 

 

1 Pitchess v. Superior Court (1974) 11 Cal.3d 531.

2 The contents of one vial were analyzed and found to contain 1.2 grams of 

methamphetamine. 
4

he wanted to triple his money and that he was going to use the money to buy drugs (case 

No. BF147457A).

On April 25, 2013, the court denied defense counsel’s motion to suppress in case 

No. BF142959A.

On September 4, 2013, the district attorney filed an information in case No. 

BF147457A charging Robison with possession of methamphetamine while armed with a 

firearm (count 1) and possession for sale of methamphetamine (count 2, Health & Saf. 

Code, § 11378. Each count alleged two on-bail enhancements (Pen. Code, § 12022.1). 

Additionally, count 2 alleged a personally armed with a firearm enhancement (Pen. Code, 

§ 12022, subd. (c)) and a principal armed with a firearm enhancement (Pen. Code, 

§ 12022, subd. (a)(1)).

On September 9, 2013, Robison filed a motion to suppress and a Pitchess motion 

seeking discovery of complaints filed against Deputy Michael Brummett relating to 

dishonesty, false reporting, or tampering with evidence.

On October 7, 2013, the court conducted an in camera hearing pursuant to 

Robison’s Pitchess motion and it denied the motion in part and granted it in part.

On November 21, 2013, a hearing on Robison’s suppression motion ended 

abruptly when Robison accepted a plea deal. The agreement provided that in exchange 

for Robison’s plea to receiving a stolen vehicle in case No. BF142959A and to 

possession of methamphetamine while armed in case No. BF147457A, Robison would 

receive a stipulated two-year term and the remaining counts and enhancements in those 

two cases would be dismissed along with two unrelated cases, case Nos. BF139549A and 

BF151783A. Additionally, Robison would be allowed to remain out of custody on a 

Cruz3 waiver until he was sentenced.

 

3 People v. Cruz (1988) 44 Cal.3d 1247.
5

On January 2, 2014, Robison advised the court that he wanted to withdraw his 

plea.

On January 9, 2014, the court denied Robison’s Marsden4 motion and his motion 

to withdraw his plea. The court then sentenced Robison to the mitigated term of two 

years on his possession of methamphetamine while armed conviction and a concurrent 

middle term of two years on his receiving a stolen vehicle conviction.

Robison’s appellate counsel has filed a brief which summarizes the facts, with 

citations to the record, raises no issues, and asks this court to independently review the 

record. (People v. Wende, supra, 25 Cal.3d 436.) Robison has not responded to this 

court’s invitation to submit additional briefing.

Following an independent review of the record, we find that no reasonably 

arguable factual or legal issues exist.

DISPOSITION

The judgment is affirmed.

 

4 People v. Marsden (1970) 2 Cal.3d 118.