Opinion
B294609
06-11-2020
THE PEOPLE, Plaintiff and Respondent, v. RYAN ELIJAH ANDERSON, Defendant and Appellant.
Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Los Angeles County Super. Ct. No. KA115659) APPEAL from a judgment of the Superior Court of Los Angeles County, Victor D. Martinez. Affirmed. Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
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We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436.
On June 23, 2017, appellant and three others entered a Vons grocery store, selected several items, and left the store without paying for the items. A disabled store employee with special needs confronted appellant and his companions and told them to stop. Appellant punched the disabled employee in the mouth, causing a laceration to his lip. Surveillance video from the store depicted the crime and the vehicle involved, which led to identification of appellant and his companions.
On March 26, 2018, appellant and three co-defendants were charged with second degree robbery and elder abuse in violation of Penal Code sections 211 and 368, subdivision (b)(1). On July 30, 2018, appellant pleaded no contest to elder abuse and was sentenced to the low term of two years in state prison. The robbery charge was dismissed as part of the plea agreement.
Two weeks later, on August 10, 2018, appellant filed a motion to withdraw his plea, alleging the disposition was "unfair." With new counsel appellant filed a supplement to the motion, alleging he suffered from a mental illness which impaired his ability to understand his decision to plead no contest; he had been coerced into the plea by his co-defendants; and his former counsel provided ineffective assistance of counsel when she did not explore mental health diversion as a resolution of the charges. On October 16, 2018, after a lengthy colloquy with appellant's counsel and the prosecutor, the court denied the motion to withdraw the plea.
On December 17, 2018, appellant filed a notice of appeal. On December 18, 2018, the trial court granted a certificate of probable cause.
We appointed counsel to represent Anderson on appeal. After examining the record, counsel filed an opening brief raising no issues and asking this court to review the record independently as required by People v. Wende. On February 21, 2020, we advised appellant he had 30 days within which to personally submit any contentions or issues he wished us to consider. To date, we have received no response.
We have examined the entire record and are satisfied that appellant's counsel has fully complied with her responsibilities and that no arguable issues exist. (People v. Dillard (2017) 8 Cal.App.5th 657, 665, 668; People v. Wende, supra, 25 Cal.3d at p. 441.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
STRATTON, J. We concur:
BIGELOW, P. J.
GRIMES, J.