Opinion
C082528
05-15-2017
THE PEOPLE, Plaintiff and Respondent, v. SEAN CONNERY ANDERSON, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CM043121)
Appointed counsel for defendant Sean Connery Anderson has filed an opening brief that sets forth the facts of the case and asks this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the entire record, we affirm the order.
I. BACKGROUND
We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On May 20, 2015, defendant and three of his friends (co-defendants) went to Tracy Grant's home to purchase marijuana from her son, Gavin Shipman, and her brother, Eric Nielsen. They counted out approximately $5,000 in cash and then held guns to Shipman's head and stole approximately 11 pounds of marijuana. Shipman and Grant provided descriptions of defendant and co-defendants, and the car they left in to law enforcement. When law enforcement detained them, they found guns, ammunition, several pounds of marijuana, and large amounts of cash in the car. Nielsen identified a photograph of defendant as one of the robbers. Further investigation revealed defendant's gang affiliations.
Defendant pleaded no contest to robbery (Pen. Code, § 211), agreeing to be sentenced pursuant to section 213, subdivision (a)(1)(A), to a maximum term of nine years, and the remaining charges and allegations to be dismissed with a Harvey waiver. Defendant also stipulated to the forfeiture of $9,000. (Health & Saf. Code, § 11489.)
Undesignated statutory references are to the Penal Code.
People v. Harvey (1979) 25 Cal.3d 754. --------
The trial court sentenced defendant to the upper term of nine years, imposed a restitution fine of $300 (§ 1202.4, subd. (b)), and a matching parole revocation fine suspended pending successful completion of parole (§ 1202.45), a $200 base fine (§ 672), plus a $40 court surcharge (§ 1465.7), a $100 facilities construction fund fee (Gov. Code, § 70372, subd. (a)), a $200 state penalty assessment (§ 1464), a $20 DNA identification fund fee (Gov. Code, § 76104.6), an $80 DNA fund fee (Gov. Code, § 76104.7), a $140 county penalty assessment (Gov. Code, § 76000), a $40 court operations assessment (§ 1465.8), a $30 conviction assessment fee (Gov. Code, § 70373), and a $39 theft fine and assessments (§ 1202.5). The trial court awarded him 435 days of presentence custody credits. Defendant did not obtain a certificate of probable cause.
II. DISCUSSION
We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts and procedural history of the case and requests this court to review the record and determine whether there are any arguable issues on appeal. (Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days from the date the opening brief was filed. To date, defendant has not filed a supplemental brief.
Having undertaken an examination of the entire record pursuant to Wende, we find no arguable error that would result in a disposition more favorable to defendant.
III. DISPOSITION
The judgment is affirmed.
/S/_________
RENNER, J. We concur: /S/_________
MAURO, Acting P. J. /S/_________
HOCH, J.