Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Los Angeles County. Mary H. Strobel, Judge. Super. Ct. No. BA 313616. Affirmed.
Alan Mason, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
ROTHSCHILD, J.
On June 27, 2007, a jury convicted Anthony Garcia of carjacking in violation of Penal Code 215, subdivision (a), and of robbery in violation of section 211 and found true that Garcia personally used a firearm during the commission of both offenses within the meaning of section 12022.53, subdivision (b). The court sentenced Garcia to the middle term of 5 years for carjacking, plus an additional 10 years for the firearm use pursuant to section 12022.53, subdivision (b), for a total prison term of 15 years. The court sentenced Garcia to 3 years in prison for robbery plus 10 years for the firearm use but stayed that sentence pursuant to section 654. The court imposed various fines and fees.
Undesignated code section references are to the Penal Code.
Garcia timely appealed, and we appointed counsel to represent him. After examining the record, counsel filed a brief raising no issues and asking us independently to review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. On December 31, 2007, we advised Garcia that he had 30 days within which to 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 Garcia’s appellate attorney has fully complied with his responsibilities and that no arguable issues exist. (People v. Kelly (2006) 40 Cal.4th 106, 109-110; People v. Wende, supra, 25 Cal.3d at p. 441.)
At trial, the victim testified that on November 19, 2006, at about 8:20 p.m., Garcia and another man pointed guns at him at very close range as he was walking away from his car. They demanded his wallet, cell phone, and car keys, then drove off in his car. He called police at around 8:25, reported the robbery and carjacking, and identified one of the robbers as a young Hispanic male of approximately Garcia’s height and weight. On December 4, 2006, at about 2 a.m., a police officer stopped a car with no license plate that Garcia was driving. The car was the one taken from the victim on November 19. The victim, who was of a different ethnicity than Garcia, identified Garcia from a police photographic lineup and testified at trial that he was 100 percent certain of the identification.
The defense called several of Garcia’s friends and relatives to testify that he was at home watching a football game at the time of the carjacking. The defense also called, as an expert, a psychologist who testified regarding cross-racial misidentification as well as other conditions that contribute to misidentification such as poor lighting, brevity of observation, and the victim’s fear or shock. After deliberating for an hour and a half, the jury returned guilty verdicts on both counts.
Finding no error, we affirm the judgment.
We concur: MALLANO, Acting P. J., VOGEL, J.