Opinion
C091597
07-30-2021
THE PEOPLE, Plaintiff and Respondent, v. BOBBY EDWARD LEWIS, Defendant and Appellant.
NOT TO BE PUBLISHED
Super. Ct. Nos. 15F2995, 16F1046, 18F2011
RENNER, J.
Appointed counsel for defendant Bobby Edward Lewis has asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment.
I. BACKGROUND
Defendant resolved three separate cases by plea agreement on October 1, 2019: case No. 15F2995, case No. 16F1046, and case No. 18F2011. In case No. 15F2995, defendant pled no contest to possession of a controlled substance for sale (Health & Saf. Code, § 11351) with a prior strike (Pen. Code, § 1170.12); in case No. 16F1046, defendant pled no contest to possession of a controlled substance for sale (Health & Saf. Code, § 11351) with a prior strike (§ 1170.12); and in case No. 18F2011, defendant pled no contest to five counts of failing to appear on a felony charge (§ 1320, subd. (b)) and admitted a prior prison term (§ 667.5, subd. (b)), a prior strike (§ 1170.12), and two out-on-bail enhancement allegations (§ 12022.1). Defendant's maximum agreed-upon sentencing exposure was 19 years. In exchange, the People dismissed the remaining counts and allegations in all three matters, as well as some other pending cases not relevant to this appeal. The parties stipulated to the factual basis for the pleas.
Undesignated statutory references are to the Penal Code.
At sentencing, in January 2020, the court recognized the previously admitted prior prison term allegation was no longer valid and struck it. The court also denied defendant's Romero motion to strike his prior strike. The court then imposed, for case No. 18F2011, an aggregate prison term of 15 years four months, comprised of three years doubled for count one and eight months doubled to 16 months for each of counts two through five, plus two 2-year terms for the two out-on-bail enhancements with 297 days custody credit. For case Nos. 15F2995 and 16F1046, the court imposed two concurrent terms of six years (the midterm of three years doubled for the prior strike), with 496 days and 460 days custody credit, respectively.
People v. Superior Court (Romero) (1996) 13 Cal.4th 497.
The court noted the $300 restitution fines (§ 1202.4, subd. (b)) previously imposed in each case would remain and imposed matching, stayed $300 parole revocation restitution fines (§ 1202.45). Finally, the court waived the court security fees (§ 1465.8) and criminal conviction assessment fees (Gov. Code, § 70373). Defendant timely appealed and did not request a certificate of probable cause. Thereafter, on December 11, 2020, the court modified its order regarding the restitution fines to reflect that the court had imposed those fines in each case in the first instance at sentencing. The court also noted that it would be correcting the abstract of judgment to reflect that the court security and criminal conviction fees had been waived.
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. (People v. 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. More than 30 days have elapsed, and defendant has not filed a supplemental brief.
Having undertaken an examination of the entire record pursuant to Wende, we find no arguable errors favorable to defendant, and accordingly, we will affirm the judgment.
III. DISPOSITION
The judgment is affirmed.
We concur: BLEASE, Acting P. J., MURRAY, J.